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COPYRIGHT DEPOSIT. 



/ 

SCHOOL LAWS OF ILLINOIS 



ANNOTATED 




A MANUAL FOR SCHOOL OFFICERS 



-^ 

DONALD L. MORRILL, A. M. 

OF THE CHICAGO BAR 



CHICAGO 

THE CIYIC BOOK COMPANY 

1903 

V. 



4 



vnv 



c\o 



THE LIBRARY OF 
CONGRESS, 

Two Copies Receivoet 

SEP 3 1903 

Copyiighl Entry 

CLAS% ^^ XXc. No 

COPY 8. 



|»4Uiksiseii»i»^ 



Copyright, 1903, 

BY 

DONALD L. MORRILL. 



STATE JOURNAL PRINTING COMPANY, 

Printers and Stereottpbrs, 

madison, wis. 



PREFACE. 



This volume is a manual for the guidance of all who are 
connected with the administration of public school affairs, and, 
while it is primarily intended for the assistance of school offi- 
cers in the discharge of their duties, it may be of some use to 
those members of the legal profession who have occasion to 
investigate questions arising under the school law. 

It contains an historical review of school legislation in this 
State from the earliest enactments to the present general school 
law; it also contains the existing constitutional and statutory 
provisions upon educational subjects, liberal citations from the 
decisions of the Supreme and Appellate Courts of this State, 
construing and explaining them, and approved forms of all 
documents ordinarily needed by school officers. 

Owing to the different statutory provisions in the various 
States, no general attempt has been made to cite the decisions 
of the courts of any State other than Illinois, although such 
citations have been made in some cases which seemed particu- 
larly applicable to conditions existing under our laws. Every 
case arising under the school law of' this State, and decided 
by the Supreme or Appellate Court prior to the date of publi- 
cation of this volume, is cited under the appropriate section 
of the law. 

The book is not a commentary embodying the author's 
views upon the school law, nor is it merely a digest of the 
decisions of the courts upon the various provisions of the law, 
but it contains the law itself, and exhaustive citations under 
each section from all decisions of the Supreme and Appellate 
Courts in which such section is involved. These citations are 
not mere catch-words or lines of reference to decided cases, 
which would be valuable to the practicing lawyer only, but are 
sufficiently copious to enable the average school officer to ob- 
tain the substance of each decision without actual reference to 
the published volumes of the reports. 



IV PKEFACE. 

The volume contains all forms of school documents em- 
bodied in the school statutes, and in addition, many other forms 
suggested by the author for the preparation of documents re- 
quired in the management of school affairs. Approved forms 
of many of these documents have never been furnished for the 
guidance of school officers generally, prior to the publication 
of this volume. In order to distinguish between those forms 
which are statutory and those which are suggested by the 
author, the former have been printed in the type used in print- 
ing the text of the law, and the latter in the type used in print- 
ing the citations, except in a few instances where the distinc- 
tion is otherwise noted and explained. 

A study of the cases cited shows that a large portion of the 
litigation arising under the school law of this state has been 
due to the lack of familiarity on the part of school officers with 
the law which controls their official action, or to their inex- 
perience in preparing and executing in proper form the various 
documents required in the management of school affairs. It is 
believed that this book will be a valuable guide to school offi- 
cers, and an aid to lawyers, as it contains an authoritative ex- 
position of those portions of the school law which have been 
discussed by the courts of last resort in this State, and a full 
list of approved forms of every document ordinarily required 
by school officers in the discharge of their official duties. 

Chicago, Aug. i, 1903. Donald L. Morrill. 



TABLE OF CONTENTS. 



Page. 

Historical review of school legislation 1 

Constitutional provisions as to schools ^ 

Miscellaneous constitutional provisions 12 



GENEBAL SCHOOL LAW. 

State Superintendent of Public Instruction 15 

County superintendents 21 

Township trustees of schools 35 

Township treasurer 82 

Board of directors 103 

Board of education 137 

Teachers 158 

Revenue — Taxation 172 

Bonds 184 

County clerk 188 

County hoard 191 

School fund 194 

School lands 200 

Fines and forfeitures 213 

Liability of school officers 217 

Miscellaneous 225 

Calendar of School Elections aistd Duties of Officees • . . . ^ 234 



MISCELLANEOUS ACTS, RELATING TO SCHOOLS, SCHOOL OFFICEES, AND CHIL- 
DREN OF SCHOOL AGE. 

School directors and members of board of education appointed in 

certain cases 235 

Election of boards of education in certain cases 237 

Number of school inspectors increased 238 

School inspectors elected under special acts 239 

Election of board of education in certain districts 240 

Election of boards of education in certain cities 242 

Refunding surplus after payment of bonds 242 

Assuming indebtedness 243 

Issuance of bonds 244 

Compensation of judges and clerks of election 246 

Women may vote at school elections 247 



VI TABLE OF CONTENTS. 

Page. 

Government of schools in annexed territory 248 

Boards of trustees, etc. of educational institutions to elect their 

presidents 249 

Teachers' pension and retirement fund 249 

Public school employes' pension fund 253 

Numbering school districts 259 

Flag law 260 

Printing proceedings of State Teachers' Association 262 

Kindergarten schools 263 

Classes for deaf children ' 264 

Physiology and hygiene 265 

Compulsory education 267 

Manual training in high schools 269 

Parental schools 271 

Juvenile court 278 

Schools for crippled children 289 

Child labor 290 



ACTS EELATING TO VAEIOUS PUBLIC EDUCATIONAL INSTITUTIONS. 

County Normal Schools 298 

Industrial School for Girls 300 

Training School for Boys , 306 

Eastern Illinois State Normal School 311 

Northern Illinois State Normal School 316 

Western Illinois State Normal School 321 

Southern Illinois Normal University 335 

Illinois State Normal University 340 

Scholarships in University of Illinois 344 

Corporations authorized to confer degrees 346 

Constitution of the United States 348 

Act of Congress of April 18, 1818 360 

Ordinance of August 26, 1818 363 

Constitution of Illinois 365 



TABLE OF CASES CITED. 



^ferences are to pages. 

A. 

Abry ads. Watson, 230. 

Ackerman v. Haenck, 140, 141. 

Adams v. Brenan, 146, 150, 151, 155. 

Adams v. The State, 56, 130, 221. 

Adams County ads. Jimison, 11, 25. 

Adkins v. Mitchell, 118, 166. 

Agnew V. Brail, 57. 

Akers ads. City of Jacksonville, 119. 

Alderman v. School Directors, 54, 64, 104, 128. 

Allen ads. People, 64, 68. 

Allen ads. Quinn, 53. 

Allen ads. Trustees, 206, 209, 210. 

Anderson ads. Metz, 63. 

Anderson ads. Ryan, 226. 

Anlicker v. Collier, 43. 

Arnold ads. Trustees of Schools, 9, 87, 198. 

Arnold ads. Board of Education of Galesburg, 159, 163. 

Auditor ads. People, 210. 

B. 

Badger v. Knapp, 75, 81. 

Bailey ads. State (Ind.), 267. 

Baker ads. Board of Directors, 90. 

Baker ads. Board of Trustees of Township No. 2, 90, 92, 101. 

Baird v. Trustees of Schools, 87. 

Baldridge t. Casey, 121, 164. 

Baldwin v. McClelland, 41. 

Banks v. School Directors, 52, 135, 151. 

Barber v. Trustees of Schools, 52. 

Barger v. Jones, 205. 

Bartlett y. Board of Education, 86, 102. 

Beaver ads. Thompson, 63, 73, 114. 

Behrensmeyer v. Kreitz, 43, 140. 

Behrensmeyer ads. Kreitz, 42. 

Berdell ads. Reich, 211. 

Berner ads. Jackson, 211. 



Vlll TABLE OF CASES CITED. 

References are to pages. 

Bernier v. Russell, 40. 

Beverly v. Sabin, 113, 134. 

Bibb ads. Trustees of Schools, 96, 195. 

Birch ads. School Directors, 124. 

Bivens v. Harper, 99. 

Blanchard ads. Mt. Carbon Coal & R. R. Co., 177. 

Blodgett ads. Board of Education, 184. 

Bloome v. Hograeff, 104. 

Bloomington ads. County of McLean, 14. 

Board of Directors v. Baker, 90. 

Board of Directors ads. Clark (la.), 7. 

Board of Education v. Arnold, 163. 

ads. Bartlett, 86, 102. 

V. Blodgett, 184. 

V. Board of Education, 177. 

ads. Board of Education, 177. 

V. Bolton, 114, 145, 146. 

ads. Bolton, 129. 

V. Carolan, 107, 110. 134. 

ads. Corn, 171. 

ads. Cravener, 8, 150. 

ads. Crilly, 152. 

V. Greenebaum, 85. 

V. Helston, 127, 226, 

V. Hoag, 230. 

ads. Kuenster, 6, 152, 158, 233. 

ads, Kuenster (App.), 163. 

ads. Lawbaugh, 116. 

V. Lease, 114, 116. 

ads. Lippincott, 142. 

ads. Millard, 8, 142, 143, 223. 

ads, McGurn, 8, 39, 150, 

V, Neidenberger, 53, 230. 

ads. Peers, 132, 

ads. People, 120, 141, 144, 145, 146, 

ads. People ex rel, Lemen, 114, 125, 

ads. People ex rel, Longress, 117, 

of Aurora ads. People, 141, 145, 152. 

of Centralia ads. People, 147, 

of Galesburg v. Arnold, 159, 

of Quincy ads. People, 7, 126, 227, 

of Upper Alton ads. People, 7, 126, 227. 

ads. Powell, 5, 8, 10, 18, 120, 164, 

V, Roehr, 141, 142, 

ads. Thomas, 53. 

V, Stotlar, 145, 

V. Taft, 108, 129. 

V. Trustees of Schools, 226, 

of Glencoe v. Trustees of Schools, 49, 70, 72. 



TABLE OF CASES CITED. IX 

References are to pages. 

Board of Education ads. Walser, 144, 177. 
Board of Trustees v. Davison, 90, 95, 198. 

ads. Ladd, 85. 

ads. Lovingston, 86, 101. 

ads. People ex rel. Brewster, 104. 

ads. Potter, 69, 76, 86. 

of Township No. 2 v. Baker, 90, 92, 101. 

of University of Illinois v. Bruner, 152. 
Boehm v. Hertz, 8. 
Bolton V. Board of Education, 129. 
Bolton ads. Board of Education, 114, 145, 146. 
Boone v. The People, 68, 226. 
Botkin V. Osborn, 121, 162, 230. 
Boyd ads. People, 72. 
Bradley v. Case, 1, 201, 204. 
Bradley v. Snyder, 195. 
Brail ads. Agnew, 57. 
Braner ads. Trustees, 53. 
Breen ads. Potts, 116. 
Breen ads. School Directors, 116. 
Brenan ads. Adams, 146, 150, 151, 155. 
Brenan v. The People, 150, 252. 
Brewer ads. People, 40. 
Brigham ads. Dorsey, 43. 
Brown ads. People, 45, 58. 
Brown ads. Spalding Lumber Co., 54, 152. 
Bruennemer ads. People, 58, 59. 
Bruner ads. Trustees of Illinois University, 152. 
Bunn V. The People, 102. 
Burt ads. McCormick, 116, 126. 
Bush V. Shipman, 36, 39, 195. 
B. & O. S. W. R. R. Co. V. People, 176, 180. 

c. 

Campbell v. State, 113, 174. 
Carolan ads. Board of Education, 107, 110, 134. 
Carrico v. People, 65, 68. 
Carter v. Putnam, 43. 
Case ads. Bradley, 1, 201, 204. 
Casey v. Baldridge, 121, 164. 
Cassady v. Trustees of Schools, 87, 225, 
Chase v. Stephenson, 7, 116, 125, 227. 
Chesshire v. People, 68, 77. 

Chicago Industrial School for Girls ads. Cook County, 10, 223. 
Christianer ads. Supervisors of Knox County, 11. 
Christie ads. Olney School District, 110. 
Christmas v. Peck, 115. 
Churchill v. Fewkes, 115, 126. 
Churchman ads. Stuckey, 119. 
b 



X TABLE OF CA8¥? CITED. 

References are to pages. 

City of Beardstown v. City of Virginia, 42. 

Boston ads. Hill (Mass.), 54. 

Chicago ads. Kinnare, 54, 150. 

Chicago V. People, 9, 14, 39, 201. 

Chicago V. Roche, 151. 

East St. Louis v. Launtz, 89. 

Bast St. Louis v. People, 13. 

East St. Louis v. Trustees of Schools, 147. 

Jacksonville v. Akers, 119. 

Mattoon ads. Hinkle, 206. 

Springfield v. Edwards, 13. 

Virginia ads. City of Beardstown, 42. 
Clark V. Board of Directors (la.), 7. 
Clark V. Robinson, 42. 
Clark V. School Directors, 127. 
Clark ads. Weightman (U. S.), 37. 
Clybourn v. P., Ft. W. & C. Ry. Co., 210. 
Coe ads. Pennington, 134. 
Collier v. Anlicker, 43. 
Conway ads. Jameson, 195. 
Cook V. School Commissioners, 208. 

Cook County v. Chicago Industrial School for Girls, 10, 223. 
Cook County ads. Hamilton, 195. 
Corn V. Board of Education, 171. 
Cotton V. Reed, 122, 169, 170. 
County Commissioners ads. Pace, 128. 
County Commissioners v. Smith, 209. 
County of Madison ads. McDonald, 230. 
County of McLean v. Bloomington, 14. 
County of McLean v. Humphreys, 10. 
Cowden ads. People, 40, 58. 
Cowden ads. Rankin, 41. 
Cowgill V. Long, 177, 178. 
Cravener v. Board of Education, 8, 150. 
Crews ads. School Directors, 122, 171. 
Crilly V. Board of Education, 152. 
Cross V. School Directors, 119, 162. 
Currey v. Mark, 95. 
Curry ads. Smith, 121, 170. 

C, C, C. & St. L. R. R. Co. V. Randle, 135, 150, 176. 
C. & A. R. R. Co. Y. People, 143, 174, 178, 179, 181. 
C. & N. W. Ry. Co. V. People, 134, 177, 179, 180. 
C. & N. W. Ry. Co. ads. People, 179. 

D. 

Dale V. Irwin, 42. 

Davidson v. Reed, 53. 

Davis V. School Directors, 105, 119. 

Davison ads. Board of Trustees, 90, 95, 198. 



TABLE OF CASES CITED. XI 

References are to pages. 

Directors v. Trustees, 72. 

District No. 7, Hallock Township, v. People, 105. 

District Township v. Moorehead (la.), 53. 

Dorsey v. Brigham, 43. 

Douglas ads. Trustees of Schools, 37. 

Doyle V. School Directors, 124, 159. 

Drainage Commissioners ads. Elmore, 133. 

Dunn V. Moore, 164. 

E. 

Edwards ads. City of Springfield, 13. 
Edwards v. Trustees of Schools, 90. 
Elmore v. Drainage Commissioners, 133. 
English ads. People, 11, 12, 14, 22, 140. 
Erwin ads. Shires, 186, 187. 
Evans v. School Commissioners, 208. 
Ewing V. School Directors, 124. 
Ewington ads. School Directors, 124. 

F. 

Farris ads. Merritt, 106, 113. 

Fessenbeck ads. Moore, 178, 222. 

Fewkes ads. Churchill, 115, 126. 

Field V. The People, 12. 

First National Bank of Greenville ads. School Directors, 169. 

Fisher v. The People, 60. 

Pisk ads. Millison, 98, 171. 

Fogleman ads. School Directors, 132. 

Folsom V. School Directors, 130, 133. 

Frazier v. Laughlin, 209. 

Frette ads. Hamilton, 68, 74. 

Frick V. Trustees of Schools, 107. 

Frost ads. People, 110, 111. 

Fuller V. Heath, 12, 149, 172. 

G. 

Gale V. Knopf, 61. 

Garrard ads. Wilson, 53. 

Glidden v. Hopkins, 132. 

Gmelich ads. Greenwood, 6, 60. 

Gordon v. People, 41. 

Greeley v. People, 61. 

Greenebaum ads. Board of Education, 85. 

Greenleaf v. Trustees of Schools, 36, 38, 198. 

Greenwood v. Gmelich, 6, 60. 

Grove v. School Inspectors, 138. 

Gullett V. Lippincott, 205. 



^^^ TABLE OF CASES CITED. 

Eeferences are to pages. 

H. 

Haenck ads. Ackerman, 140, 141. 

Haines ads. People, 91, 195. 

Hall ads. Renwick, 104. 

Hamilton v. Cook County, 195. 

Hamilton v. Frette, 68, 74. 

Hamilton ads. Pearsons, 194. 

Hamilton ads. Russell, 194. 

Hamilton v. Wright, 194. 

Harper ads. Bivens, 99. 

Harris et al. v. Kill, 120, 153. 

Hart ads. School Directors, 118, 162. 

Heath ads. Fuller, 12, 149, 172. 

Helston ads. Board of Education, 127, 226. 

Helt ads. People, 144. 

Hertz ads. Boehm. 8. 

Hewitt V. Normal School District, 112, 130, 1«4.- 

Highv,ray Commissioners ads. Wright, 75. 

Hihler ads. Trustes of Schools, 226. 

Hill V. City of Boston (Mass.), 54. 

Hill ads. Moffett, 43. 

Hinkle v. City of Mattoon, 206. 

Hoag ads. Board of Education, 230. 

Hograeff ads. Bloome, 104. 

Holbrook v. Trustees of Schools, 48, 56, 86. 

Hopkins ads. Glidden, 132. 

Houghton ads. Spragins, 43. 

House V. Trustees of Schools, 96, 219. 

Hubbard et al. v. State (Ohio), 253. 

Hudson ads. School Directors, 123, 171. 

Humiston v. Township Trustees, 56, 86. 

Humphreys ads. County of McLean, 10. 



I. D. & W. Ry. Co. V. The People, 178. 
Inglis ads. People, 13. 
Irwin ads. Dale, 42. 

J. 

Jackson v. Berner, 211. 

Jameson v. Conway, 195. 

Jasper ads. Keyes, 195. 

Jennings ads. School Directors, 49, 119, 121, 158. 

Jimison v. Adams County, 11, 25. 

Johnson v. People, 102. 

Jones ads. Barger, 205. 



TABLE OF CASES CITED. XIH 

Eeferences are to pages. 

K. 



Kagay v. Trustees of Schools, 85. 

Kay ads. Trustees of Schools, 65. 

Keechler ads. People, 64, 67, 71, 77, 138, 139. 

Kettelle ads. Powell, 207. 

Keyes v. Jasper, 195. 

Kidder t. Trustees of Schools, 201. 

Kiehna v. Mansker, 129. 

Kill ads. Harris et al., 120, 153. 

Kimmel ads. School Directors, 119, 123. 

Kinnare v. City of Chicago, 54, 150. 

Knapp ads. Badger, 75, 81. 

Koelling v. People, 177. 

Knopf ads. Gale, 61. 

Knopf V. People, 175. 

Kreitz v. Behrensmeyer, 42. 

Kreitz ads. Behrensmeyer, 43, 140. 

Kuenster v. Board of Education, 6, 152, 158, 233. 

Kuenster y. Board of Education (App.), 163. 

L. 

Ladd V. Board of Trustees, 85. 

Langdale v. People, 131. 

Laughlin ads. Frazier, 209. 

Launtz ads. City of East St. Louis, 89. 

Law V. People, 10, 13. 

Lawhaugh v. Board of Education, 116. 

Lawrence v. Traner, 110, 175, 178. 

Lease ads. Board of Education, 114, 116. 

Lippincott v. Board of Education, 142. 

Lippincott ads. Gullett, 205. 

Long ads. Cowgill, 177, 178. 

Longan v. Taylor, 89. 

Lovingston v. Trustees of Schools, 56, 86, 101, 102. 

M. 

Manlove v. McHatton, 194. 

Mansker ads. Kiehna, 129. 

Mark ads. Currey, 95. 

Marshall ads. Wilkins, 42. 

Martin ads. Sierer, 215. 

Mason v. People, 67, 74. 

Matteson ads. People, 43. 

Mayor of Alton ads. People, 7, 227. 

Mayor of Alton ads. People ex rel. Bigg, 227. 

Mayor of Bloomington ads. People, 175. 



Xiv TABLE OF CASES CITED. 

References are to pages. 

Mays ads. People, 23, 124. 

Merritt v. Farris, 106, 113. 

Metz V. Anderson, 63. 

Millard v. Board of Education, 8, 142, 143, 223. 

Miller ads. Parr, 64, 68, 70. 

Miller ads. Parr (App.), 64, 65, 72 

Miller ads. School Directors, 77, 112, 131, 133. 

Miller v. Trustees of Schools, 63, 70. 

Millison v. Fisk, 98,. 171. 

Mills, Executor, v. Thornton, 172. 

Minor ads. Munson, 76, 113. 

Misch V. Russell, 139. 

Misenheimer ads. Trustees of Schools, 87, 101. 

Mitchell ads. Adkins, 118, 166. 

MofEett V. Hill, 43. 

Moll V. School Directors, 79. 

Moore ads. Dunn, 164. 

Moore v. Fessenbeck, 178, 222. 

Moore v. People, 215. 

Moore v. School Trustees, 39, 90. 

Moorehead ads. District Township (la.), 53. 

Mt. Carbon Coal & R. R. Co. v. Blanchard, 177. 

Mueller ads. Seeger, 37, 212. 

Munson v. Minor, 76, 113. 

Murray v. Supervisors of Clay County, 27. 

Myers v. Trustees of Schools, 38. 

Mc. 

McAdams ads. People, 63. 

McCleave ads. Watts, 134. 

McClelland ads. Baldwin, 41. 

McConnell v. Thomas, 194. 

McCormick v. Burt, 116, 126. 

McDonald v. County of Madison, 230. 

McDonald v. Starkey, 128. 

McFall ads. People, 227. 

McGurn v. Board of Education, 8, 39, 150. 

McHaney v. Trustees of Schools, 86, 95. 

McHatton ads. Manlove, 194. 

McLean ads. Watts, 132, 230. 

National School Furnishing Co. ads. School Directors, 104. 

Nedrow ade. People, 215. 

Neidenberger ads. Board of Education, 53, 230. 

Neville v. School Directors, 123, 159. 

Newell V. School Directors, 127, 132 



TABLE OF CASES CITED, XV 



References are to pages. 



Newman ads. School Directors, 158. 

Newton v. People, 218. 

Nichols V. School Directors, 9, 10, 60, 128. 

Noble V. School Directors, 105. 

Normal School District ads. Hewitt, 112, 130, 184. 



o. 



Olney School District v. Christie, 110. 

Organ ads. People, 85. 

Orr ads. School Directors, 163. 

Osborn ads. Botkin, 121, 162, 230. 

Otis V. People, 174. 

Otis ads. Trustees of Schools, 84. 

O'Day V. People, 174. 

O'Hair v. Wilson, 42. 

O. & M. R. R. Co. ads. Weber, 143, 182. 



P. 



Pace V. County Commissioners, 128. 

Pace et al. v. People, 33, 50, 84. 

Pace V. People ex rel. McMeen, 24. 

Parks ads. School Directors, 111. 

Parr v. Miller, 64, 68, 70. 

Parr v. Miller (App.), 64, 65, 72. 

Pearsons v. Hamilton, 194. 

Peck ads. Christmas, 115. 

Peers v. Board of Education, 132. 

Pennington v. Coe, 134. 

People V. Allen, 64, 68. 

V. Auditor, 210. 

V. Board of Education, 120, 141, 144, 145, 146. 

V. Board of Education of Aurora, 141, 145, 152, 

V. Board of Education of Centralia, 147. 

V. Board of Edu^cation of Quihcy, 7, 126, 227. 

V. Board of Education of Upper Alton, 7, 126, 227. 

ads. Boon, 68, 226. 

V. Boyd, 72. 

ads. Brenan, 150, 252. 

V. Brewer, 40. 

V. Brown, 45, 58. 

V. Bruennemer, 58, 59. 

ads. Bunn, 102. 

ads. B. & O. S. W. R. R. Co, 176, 180. 

ads. Carrico, 65, 68. 

ads. Chesshire, 68, 77. 

ads. City of Chicago, 9, 14, 39, 201. 



XVi TABLE OF CASES CITED. 

References are to pages. 

People ads. City of East St. Louis, 13. 
V. CoY^^den, 40, 58. 

ads. C. & A. R. R. Co., 143, 174, 178, 179, 181. 
T. C. & N. W. Ry. Co., 134, 177, 179. 
ads. C. & N. W. Ry. Co., 179, 180. 
ads. District No. 7, Hallocli Tp., 105. 
V. English, 11, 12, 14, 22, 140. 
ads. Field, 12. 
ads. Fisher, 60. 
V. Frost, 110, 111. 
ads. Gordon, 41. 
ads. Greeley, 61. 
V. Haines, 91, 195. 
V. Helt, 144. 

ads. I. D. & W. Ry. Co., 178. 
V. Inglis, 13. 
ads. Johnson, 102. 
V. Keechler, 64, 67, 71, 77, 138, 139. 
ads. Knopf, 175. 
ads. Koelling, 177. 
ads. Langdale, 131. 
ads. Law, 10, 13. 
ads. Mason, 67, 74. 
ads. Matteson, 43. 
V. Mayor of Alton, 7, 227. 
V. Mayor of Bloomington, 175. 
V. Maysi 23, 124. 
ads. Moore, 215. 
V. McAdams, 63. 
V. McFall, 227. 
V. Nedrow, 215. 
V. Newton, 218. 
V. Organ, 85. 
ads. Otis, 174. 
ads. O'Day, 174. 
ads. Pace et al., 33, 50, 84. 
ads. Piatt, 44. 
ads. Rayfield, 71. 
V. Rea, 222. 
V. Ricker, 66, 149. 
V. Roche, 154, 155. 
ads. Rogers, 77, 171, 230. 
ads. Schaefer, 65. 

ads. School Directors of District No. 4, 129. 
ads. School Directors of District No. 13, 83. 
V. Simpson, 67. 
ads. Simons, 40, 44. 
V. Sisson, 106, 131, 186. 
ads. Smith, 6, 138, 143, 232. 



TABLE OF CASES CITED. XVll 

References are to pages. 

People V. Smith, 147, 154, 172, 180. 
ads. Snowball, 44. 
ads. Speight, x2, 63, 138, 172. 
ads. Spring Valley Coal Co., 143, 178. 
ads. St. L., R. I. & C. R. R. Co., 175, 180. 
ads. Tappan, 39. 
ads. Thatcher, 106, 107, 134. 
ads. Trumbo, 64. 
ads. Trustees, 65. 
ads. Trustees of Schools, 58. 
V. Trustees of Newberry Estate, 64, 76, 104. 
V. Trustees of Schools, 14, 202. 
V. Trustees of Schools of Town 24, Ogle Co., 48, 84. 
ads. University of Chicago, 9. 
ads. Wabash R. R. Co., 130, 175, 176. 
ads. Webb, 69. 
ads. Wells, 121, 158, 163. 
V. Welsh, 58. 
V. Wiltshire, 182, 225. 
V. Yeazel, 219. 

ex rel. Ball ads. Trustees of Schools, 68. 
Bibb V. Mayor of Alton, 227. 
Brewster v. Board of Trustees, 104. 
C. & St. L. R. R. Co. T. Trustees, 37, 39. 
Duffey ads. Trustees of Schools, 66. 
Duffy ads. Trustees of Schools, 65. 
Heinrichs ads. School Directors, 114. 
Lemen v. Board of Education, 114, 125. 
Little V. Trustees of Schools, 9. 
Longress v. Board of Education, 117. 
McMeen ads. Pace, 24. 

Richberg v. Trustees of Schools, 37, 202, • 
Roberts ads. School Directors, 48. 
Travis ads. Trustees of Schools, 68. 
Updike ads. Trustees of Schools, 36, 58. 
Van Allen ads. Trustees of Schools, 58, 60, 115. 
Woody V. Smith, 141. 
Piatt V. People, 44. 

P., Ft. W. & C. Ry. Co. ads. Clybourn, 210. 
Plummer v. Yost, 8, 11, 12, 22, 104, 140. 
Pollard V. School District No. 9, 111, 163, 
Post ads. Rulison, 114, 126, 146. 
Potter V. Board of Trustees, 69, 76, 86. 
Potter V. School Trustees, 38. 
Potts V. Breen, 116. 

Powell V. Board of Education, 5, 8, 10, 18, 120, 164. 
Powell V. Kettelle, 207. 
Price V. School Directors, 53. 
Putnam ads. Carter, 43. 



XVm TABLE OF CASES CITED. 

References are to pages. 



Quinn v. Allen, 53. 



Q. 



E. 



Randle ads. C, C, C. & St. L. R. R. Co., 135, 150, 176. 

Rankin v. Cowden, 41. 

Rautenberg ads. Trustees of Schools of Cahokla, 131. 

Rayfield v. People, 71. 

Raymond ads. Richards, 8, 60. 

Rea ads. People, 222. 

Reddick ads. School Directors, 122, 123. 

Reed ads. Cotton, 122, 169, 170. 

Reed ads. Davidson, 53. 

Reich V. Berdell, 211. 

Renwick v. Hall, 104. 

Rich V. Trustees of Schools, 112. |» 

Richards v. Raymond, 8, 60. 

Ricker ads. People, 66, 149. 

Robinson ads. Clark, 42. 

Robinson v. School Directors, 111, 125. 

Roberson v. Troutt, 116, 230. 

Roche ads. City of Chicago, 151. 

Roche ads. People, 154, 155. 

Roehr ads. Board of Education, 141, 142. 

Rogers v. People, 77, 171, 230. 

Rogers ads. State ex rel. Jennison (Minn.), 253. 

Rodgers ads. Trustees of Schools, 39, 85. 

Ruble V. School Directors, 129. 

Rulison T. Post, 114, 126, 146. 

Russell ads. Bernier, 40. 

Russell V. Hamilton, 194. 

Russell ads. Misch, 139. 

Ryan v. Anderson, 226. 

s. 

Sabin ads. Beverly, 113, 134. 
Schaefer v. People, 65. 
Schofield V. Watkins, 38, 49, 113. 
School Commissioners ads. Cook, 208. 
ads. Evans, 208. 
ads. Sexton, 96, 196. 
School Directors ads. Alderman, 54, 64, 104, 128. 

ads. Banks, 52, 135, 15L 

V. Birch, 124. 

v. Breen, 116. 

ads. Clark, 127. 

V. Crews, 122, 171. 



TABLE OF CASES CITED. XIX 

References are to pages. 

School Directors ads. Cross, 119, 162. 

ads. Davis, 105, 119. 

ads. Doyle, 124, 159. 

ads. Ewing, 124. 

V. Ewington, 124. 

T. First National Bank of Greenville, 169. 

V. Fogleman, 132. 

ads. Folsom, 130, 133. 

V. Hart, 118, 162. 

V. Hudson, 123, 171. 

V. Jennings, 49, 119, 121, 158. 

V. Kimmel, 119, 123. 

V. Miller, 77, 112, 131, 133. 

ads. Moll, 79. 

V. National School Furnishing Co., 104. 

V. Newman, 158. 

ads. Neville, 123, 159. 

ads. Newell, 127, 132. 

ads. Nichols, 9, 10, 60, 128. 

ads. Noble, 105. 

V. Orr, 163. 

V. Parks, 111. 

V. People ex rel. Heinrichs, 114. 

V. People ex rel. Roberts, 48. 

ads. Price, 53. 

V. Reddick, 122, 123. 

ads. Robinson, 111, 125. 

ads. Ruble, 129. 

V. School Directors, 113. 

ads. School Directors, 113. 

V. School Trustees, 182. 

V. Sippy, 131. 

V. Sprague, 109, 122, 170. 

ads. Stanhope, 121, 163. 

ads. Stewart, 49, 162. 

ads. Stevenson, 118, 121, 158, 163. 

V. Stilley, 163. 

V. Taylor, 130. 

V. Tingley, 119. 

V. Township Trustees, 183. 

V. Trustees of Schools of Township 28, 63. 

ads. Wahl, 222. 

ads. Wilson, 52. 

V. Wright, 135. 
School Directors of District No. 4 v. People, 129. 

No. 13 V. People, 83. 
No. 1 ads. School Directors of District 

No. 5, 38, 79, 100. 
No. 2 V. School Directors of District 
No. 4, 80. 



XX TABLE OF CASES CITED. 

) 

References are to pages. 

School Directors of District No. 4 ads. School Directors of District 

No. 2, 80. 

No. 5 V. School Directors of District 
No. 1, 38, 79, 100. 

No. 5 V. School Directors of District 
No. 10, 76. 

No. 10 ads. School Directors of District 
No. 5, 76, 79. 

No. 2 ads. School Trustees, 28, 73. 

No. 2 ads. Trustees of Schools, 177. 
School Directors of New Union District ads. School Directors of UnioH 

District, 38, 64, 176. 
School Directors of Union District v. School Directors of New Union 

District, 38, 64, 176. 
School Directors of Union District ads. Trustees of Schools, 72. 
School District v. Stilley, 163. 
School District No. 9 ads. Pollard, 111, 163. 
School Inspectors ads. Grove, 138. 
School Trustees ads. Moore, 39, 90. 
School Trustees v. People ex rel. Ball, 68. 
School Trustees ads. Potter, 38. 
School Trustees ads. School Directors, 182. 
School Trustees v. School Directors of District No. 2, 28, 73. 
Sehroll ads. Trustees of Schools, 201. 
Scott V. Trustees of Schools, 67, 70. 
Seeger v. Mueller, 37, 212. 
Sexton V. School Commissioners, 96, 196. 
Sheik V. Trustees of Schools, 84. 
Sheik ads. Trustees of Schools, 84. 
Shepard ads. Trustees of Schools, 75. 
Sherlock v. Village of Winnetka, 138. 
Shipman ads. Bush, 36, 39, 195. 
Shires v. Erwin, 186, 187. 
Sierer v. Martin, 215. 
Simons v. People, 40, 44. 
Simpson ads. People, 67. 
Sippy ads. School Directors, 131. 
Sisson ads. People, 106, 131, 186. 
Smith ads. County Commissioners, 209. 
Smith ads. People, 154, 172, 180. 
Smith V. Curry, 121, 170. 
Smith V. People, 6, 138, 143, 232. 
Smith ads. People ex rel. Woody, 141. 
Smith ads. Trustees of Schools, 85. 
Snowball v. People, 44. 
Snyder ads. Bradley, 195. 
Snyder v. Spaulding, 220. 
Sorenson v. Sorenson, 43. 
Southard ads. Trustees of Schools, 38, 90, 91. 



TABLE OF CASES CITED. XXI 



References are to pages. 



Spalding Lumber Co. v. Brown, 54, 152. 

Spaulding ads. Snyder, 220. 

Speight V. People, 12, 63, 138, 172. 

Spragins v. Houghton, 43. 

Sprague ads. School Directors, 109, 122, 170. 

Spring V. Wright, 142. 

Spring Valley Coal Co. v. People, 143, 178. 

Stanhope v. School Directors, 121, 163. 

Starkey ads. McDonald, 128. 

State ads. Adams, 56, 130, 221. 

State V. Bailey (Ind.), 267. 

State ads. Campbell, 113, 174. 

State ads. Hubbard et al. (Ohio), 253. 

State V. Zimmerman (Minn.), 116. 

State ex rel. Jennison v. Rogers (Minn.), 253. 

Stephenson ads. Chase, 7, 116, 125, 227. 

Sterricker ads. Union School District, 159, 161. 

Stevens v. St. Mary's Training School, 9, 193, 222. 

Stevenson v. School Directors, 118, 121, 158, 163. 

Stewart v. School Directors, 49, 162. 

Stilley ads. School District, 163. 

Stokes ads. Trustees of Schools, 102, 225. 

Stotlar ads. Board of Education, 145. 

Stiickey v. Churchman, 119. 

St. L., R. I. & C. R. R. Co. V. People, 175, 179, 180. 

St. Mary's Training School ads. Stevens, 9, 193, 222. 

Supervisors of Clay County ads. Murray, 27. 

Supervisors of Knox County v. Christianer, 11. 

Swift V. Trustees of Schools, 84, 100. 



T. 



Taft ads. Board of Education, 108, 129. 

Tappan v. People, 39. 

Tatman ads. Trustees of Schools, 39. 

Taylor ads. Longan, 89. 

Taylor ads. School Directors, 130. 

Thatcher v. People, 106, 107, 134. 

Thomas v. Board of Education, 53. 

Thomas ads. McGonnell, 194. 

Thomas v. Trustees of Schools, 196. 

Ttomas v. Urbana School District, 230. 

Thompson v. Beaver, ,63, 73, 114. 

Thompson v. Trustees of Schools, 23, 84. 

Thornton ads. Mills, Executor, 172. 

Tingley ads. School Directors, 119. 

Tingley v. Vaughn, 124. 

Township Trustees ads. Humiston, 56, 86. 



XXll TABLE OF CASES CITED. 

References are to pages. 

Township Trustees ads. School Directors, 183. 

Traner ads. Lawrence, 110, 175, 178. 

Troutt ads. Roberson, 116, 230. 

Trumbo v. People, 64. 

Trustees v. Allen, 206, 209, 210. 

Trustees v. Braner, 53. 

Trustees ads. Directors, 72. 

Trustees v. People, 65. 

Trustees of Illinois University v. Bruner, 152. 

Trustees of Schools v. Arnold, 9, 87, 198. 

ads. Baird, 87. 

ads. Barber, 52. 

V. Bibb, 96, 195. 

ads. Board of Education, 226. 

ads. Board of Education of G-lencoe, 49, 70, 72. 

ads. Cassady, 87, 225. 

ads. City of East St. Louis, 147. 

V. Douglass, 37. 

ads. Edwards, 90. 

ads. Frick, 107. 

ads. Greenleaf, 36, 38, 198. 

V. Hihler, 226. 

ads. Hoibrook, 48, 56, 86. 

ads. House, 96, 219. 

ads. Humiston, 56, 86. 

ads. Kagay, 85. 

V. Kay, 65. 
- ads. Kidder, 201. 

ads. Lovingston, 56, 102. 

ads. Miller, 63, 70. 

y. Misenheimer, 87, 101. 

V. Meyers, 38. 

ads. McHaney, 86, 95. 

V. Otis, 84. 

V. People, 58. 

ads. People, 14, 202. 

V. People ex rel. Ball, 68. 

ads. People ex rel. C. & St. L. R. R. Co., 37, 39. 

V. People ex rel. Duffy, 65. 

V. People ex rel. Duffey, 66. 

ads. People ex rel. Little, 9. 

ads. People ex rel. Richberg, 37, 202. 

V. People ex rel. Travis, 68. 

V. People ex rel. Updike, 36, 58. 

V. People ex rel. Van Allen, 58, 60, 115. 

ads. Rich, 112. 

V. Rodgers, 39, 85. 

V. School Directors of District No. 2, 177. 

V. School Directors of Union District, 72. 



TABLE OF CASES CITED. XXUl 

References are to pagea 

Trustees of Schools v. Schroll, 201. 

ads. Scott, 67, 70. 

V. Sheik, 84. 

ads. Sheik, 84. 
■ V. Shepard, 75. 

V. Smith, 85. 

V. Southard, 38, 90, 91. 

V. Stokes, 102, 225. 

ads. Swift, 84, 100. 

V. Tatman, 39. 

ads. Thomas, 196. 

ads. Thompson, 23, 84. 

V. Walters, 226. 

ads. Whitlow, 89. 

T. Wright, 201. 

of Cahokia v. Rautenherg, 131. 

of Town 24, Ogle Co., ads. People, 48, 84. 

of Township 28 ads. School Directors, 63. 
Trustees of Township No. 2 v. Baker, 90, 92, 101. 
Trustees ads. People ex rel. C. & St. L. R. R. Co., 37, 39. 
Trustees of Newberry Estate ads. People, 64, 76, 104. 

u. 

Union School District v. Sterricker, 159, 161. 
University of Chicago v. People, 9. 
Urbana School District ads. Thomas, 230. 

Y. 

Vaughn ads. Tingley, 124. 

Village of Winnetka ads. Sherlock, 138. 

w. 



Wabash R. R. Co. v. People, 130, 175, 176. 

Wahl V. School Directors, 222. 

Walser v. Board of Education, 144, 177. 

Walters ads. Trustees of Schools, 226. 

Watkins ads. Schofield, 38, 49, 113. 

Watson V. Abry, 230. 

Watts V. McCleave, 134. 

Watts V. McLean, 132, 230. 

Webb V. People, 69. 

Weber v. O. & M. R. R. Co., 143, 182. 

Weightman v. Clark (U. S.), 37. 

V/eir ads. Zerwick, 100. 

Walsh ads. People, 58. 

Wells V. People, 121, 158, 163. 



-^Xiv TABLE OF CASES CITED. 

References are to pages. 

Whitlow V. Trustees of Schools, 89. 

Wilkins v. Marshall, 42. 

Wilson V. Garrard, 53. 

Wilson ads. O'Hair, 42. 

Wilson V. School Directors, 52. 

Wiltshire ads. People, 182, 225. 

Wright ads. Hamilton, 194. 

Wright V. Highway Commissioners, 75. 

Wright ads. School Directors, 135. 

Wright ads. Spring, 142. 

Wright ads. Trustees of Schools, 201. 

Y. 

Yeazel ads. People, 219. 

Yost ads. Plummer, 8, 11, 12, 22, 104, 140. 

z. 

Zerwick v. Weir, 100. 

Zimmerman ads. State (Minn.), 116. 



ILLINOIS SCHOOL LAW. 



INTRODUCTORY. 



HISTOEICAL REYIEW OF THE SCHOOL LAWS OF 

ILLINOIS. 

The beginning of the public school system of this State, so far 
as legislative enactments are concerned, is to be found in the act 
of Congress of April i8, 1818, enabling the inhabitants of the 
Territory of Illinois to form for themselves a constitution and 
State government, and assume such name as they should deem 
proper, and further providing for the admission of this State to 
the Union upon the same footing as the original States.^ 

The sixth section of this act contained four propositions, which 
were offered to the convention of the Territory of Illinois for 
their free acceptance or rejection, which, if accepted by the con- 
vention, became obligatory upon the United States and the State. 

The first of these propositions has been largely instrumental 
in the development of the school system of the State, and is as 
follows : 

"The section numbered sixteen in every township, and when 
such section has been sold or otherwise disposed of, other lands 
equivalent thereto, and as contiguous as may be, shall be granted 
to the State, for the use of the inhabitants of such township, for 
the use of schools." 

The foregoing proposition was submitted to the constitutional 
convention which met at Kaskaskia to frame a constitution for 
the new State, and was adopted by ordinance enacted on Au- 
gust 2.^, 1818.^ By the acceptance of this proposition, a valid and 
binding compact was created between the United States and the 
State of Illinois, irrevocable by either without the consent of the 
other.^ 

1 Appendix B. 2 Appendix C. s Bradley v. Case, 3 Scam. 606. 
1 



ii INTKODUCTOEY, 

The po\ver of providing for the management and disposition 
of the lands thus donated to the State of Illinois became vested 
in the legislature of the State, and has been the subject of legis- 
lative action from time to time, commencing with the year 1819. 

The constitution which was adopted at Kaskaskia in 1818 con- 
tained no reference whatever to schools or educational matters, 
and the same is substantially true of the second constitution, 
which was adopted in convention on August 31, 1847, ^.nd which 
went into effect on April i, 1848, but during the period that 
these two constitutions were in force, there was considerable leg- 
islation upon the subject of schools, the first attempt at a school 
law being in the year 1825. 

The act of that year was doubtless intended to be the inaugura- 
tion of a liberal system of public education, for its preamble con- 
tains the following: "believing that the advancement of literature 
always has been and ever will be the means of developing more 
fully the rights of man, that the mind of every citizen in a re- 
public is the common property of society, and constitutes the basis 
of its strength and happiness, it is therefore considered the pecul- 
iar duty of a free government like ours to encourage and extend 
the improvement and cultivation of the intellectual energies of the 
whole." 

Notwithstanding the broad and beneficent scope of the act, as 
indicated by the language of its preamble, its provisions were in- 
effective in accomplishing the desired results. They related 
largely to the administration of the school funds derived from 
the donation from the United States government under the act 
of 18 18, and conferred only very limited powers upon school of- 
ficers in the matter of levying taxes for the support of schools. 
The act did not designate the studies to be pursued, nor prescribe 
the qualifications of the teachers to be employed. Provision was 
made for a free school in every county, to be supported by a tax 
which was to be levied "either in cash or good merchantable 
produce at cash price." This was the first attempt to establish a 
system of free schools in the State, but even the meagre provis- 
ion contained in the act of 1825 was rendered practically ineffect- 
ual by the amendment of 1827, which made the payment of the 
school tax optional with the taxpayer, by enacting that "no per- 
son shall hereafter be taxed for the support of any free school in 
this State, unless by his or her own free will and consent first had 
and obtained in writing." 



HISTORICAL REVIEW. 6 

The course of subsequent legislation upon educational subjects 
has been clearly and concisely stated by the Supreme Court of 
the State in a carefull)'- considered opinion, whose language is 
quoted, as follows : 

"The amendments to the act of 1825, made by the act of 1833, 
are unimportant, except, the latter act contained one beneficent 
provision in harmony with the generous spirit that has always 
pervaded the legislation of this State on the subject of public edu- 
cation. It provided for the admission into the schools, and the 
gratuitous tuition, of such children residing in the vicinity whose 
parents or guardians were unable to pay their tuition. 

"The act of February 26, 1841, making provisions for organiz- 
ing and maintaining common schools, was a revision of the whole 
law on the subject of schools and school funds, and repealed all 
former acts on the same subject, except the act of 1825, which 
was not repealed until it was done by the act of March 3, 1845. 
The act of 1841 did not enumerate the studies for the common 
schools to be organized under it, nor did it fix the qualifications 
of teachers. It made the duty of the board of examiners, if they 
found the applicant possessed the requisite qualifications, to give 
him a certificate stating the particular 'branches of science' they 
found him qualified to teach. 

"Again, by the act of 1845, ^^^ school law was revised, and new 
provisions added. That act, for the first time, so far as we have 
been able to discover, specified the branches of study in which 
teachers should be examined, viz. : Orthography, reading in Eng- 
lish, penmanship, arithmetic, English grammar, modern geog- 
raphy, and the history of the United States. It also contained the 
first definition of that class of schools the State would maintain 
out of the public school funds. It is that 'no school shall derive 
any benefit from the public or town fund, unless the text books 
used in said schools shall be in the English language, nor unless 
the common medium of communication in said school shall be in 
the English language : Provided, that this section may not apply 
to those who may desire to study any foreign language in said 
school for the purpose of learning the same.' It will -be observed 
that, although the common schools should be distinctively English 
in their character, yet it was permissible to teach any foreign 
language in them to persons desiring to learn such language. 

"The act of 1847 concerning schools omitted the definition of 



4 INTEODDCTOKY. 

that class of schools contained in the act of 1845, that should re- 
ceive the benefit of the public and town school funds. It made it 
the duty of the directors, however, when certifying the schedule 
of scholars kept by the teacher, to certify 'the school was an Eng- 
lish one, in which the medium of instruction was the English lan- 
guage.' Thus preserving the distinctive character of the public 
schools as English schools, by providing that the medium of in- 
struction should be in the English language. That was all that 
was deemed necessary to make them English schools. 

"The constitution of 1848, like that of 1818, contained no pro- 
visions concerning schools or education, other than a provision, 
the General Assembly might exempt school property from taxa- 
tion, and another recognizing school districts as among municipal 
corporations, having authority to impose taxes. 

"After the adoption of the constitution of 1848, there was an- 
other revision of the school law. It was by the act of February 12, 
1849. This act prescribed the same qualifications for teachers in 
the public schools as the previous acts ; but, like the act of 1847, 
it was silent as to the character of schools entitled to the benefits 
of the public school funds. 

"The act of February 16, 1857, was 'An act to establish and 
maintain a system of free schools.' It repealed all former acts in 
relation to schools, and was, by far, the most elaborate in its de- 
tails of any act on the same subject passed by the General Assem- 
bly up to that date. Indeed, it seems to have been the ground- 
work for all subsequent legislation respecting schools. It pre- 
scribes the same qualifications for teachers in the public schools 
as in the last act cited, but gives a more enlarged definition than 
that contained in the act of 1845, of the class of schools for the 
maintenance of which the public funds may be appropriated, as 
follows : 'That each and every school or schools, of whatever 
grade, established or authorized to be established under the pro- 
visions of this act, shall be a school or schools for the purpose of 
teaching various branches of an English education, and no part 
of the common school fund, township fund, or of any school 
fund, shall be paid out or appropriated for the establishing, con- 
ducting, or the supporting in any manner, of any other character 
or class of school or schools, as aforesaid designated : Provided, 
that nothing herein contained shall prevent the teaching a foreign 
language in a common school, as aforesaid.' Under this clause 



HISTORICAL REVIEW. 5 

of the statute it was undoubtedly competent for the directors to 
permit a foreign language to be taught in the common schools and 
yet the schools retain their character as English schools. This is 
plain, from the fact that, by another section of the same act, the 
teacher was required to certify that the school kept by him was for 
the 'purpose of teaching various branches of an English educa- 
tion.' 

"The act of 1865, although very elaborate, was not, in fact, a 
recasting of all the laws respecting common or free schools. It 
did not purport to repeal the act of 1857 on the same subject, and 
did not, in fact, repeal any part of it, except so far as the provis- 
ions of the two acts were inconsistent or conflicting. It was more 
in the nature of an amendatory act. The very fact the General 
Assembly, at the same session and on the same- day, passed a spe- 
cial act to repeal so much of section seventy-two, of the act of 
1857, as exempted school officers from serving on juries in courts 
of record, shows it was the intention that act should stand. The 
act of 1865 contained some provisions not found in any former 
act. Concerning the description of schools to be established under 
its provisions, it was enacted, 'Every school established under the 
provisions of this act, shall be for the purpose of instruction in the 
various branches of an English education, and no school funds 
shall be appropriated under this act for any other class or descrip- 
tion of schools : Provided, that nothing herein contained shall pre- 
vent the teaching in common schools of other and higher branches 
than those enumerated in this section.' The branches enumerated 
in the section cited are orthography, reading in English, penman- 
ship, arithmetic, English grammar, modern geography, and the 
history of the United States." ^ 

At the first session of the legislature after the adoption of the 
constitution of 1870, a general school law was enacted, which went 
into force on July i, 1872. This was amended at subsequent ses- 
sions, and a general revision of the same was approved and went 
into force on May 21, 1889. This law, as revised, retained sub- 
stantially all the provisions of the act of 1872, and, with its amend- 
ments, constitutes the present general school law of the State. 

The law of 1872 was a complete code in itself, and expressly re- 
pealed all former acts concerning schools, except special acts in 
relation to schools in cities having less than one hundred thou- 

1 Powell et al. v. Board of Education, 97 111. 382. 



6 INTKODUCTORY. 

sand inhabitants and incorporated towns, townships or districts. 
The object of the legislature in the passage of the act, as appears 
from its various provisions, was to establish one general system 
under which all public schools in the State should be conducted, 
except where schools were established and maintained under spe- 
cial acts in cities having less than one hundred thousand inhabit- 
ants. Such special acts have not been repealed or changed in any 
respect by the general school law.^ 

The general school law of the State, after providing for the elec- 
tion of the State Superintendent of Public Instruction and the 
County Superintendents, and defining their powers and duties, 
provides for a general system of government for all schools of the 
State under three classes : ( i ) Congressional school townships, 
with their districts, having less than one thousand inhabitants; 
(2) All school districts having a population of not less than one 
thousand and not over one hundred thousand inhabitants ; (3) Cit- 
ies having a population exceeding one hundred thousand inhabit- 
ants. It also defines the duties and qualifications of teachers, pro- 
vides for the lev3dng and disbursement of school taxes, the care 
and management of school funds, and lands, and indicates the 
functions of other municipal officers in relation to educational 
affairs. 

Although consisting of different articles and sections, the school 
law must be considered and its provisions construed as one entire 
act. Whenever any portion of it, standing by itself, seems to be 
of doubtful meaning, the true intent may be ascertained by com- 
paring it with other parts of the law, thus discovering the sense of 
one clause by the words or obvious intent of another. In mak- 
ing such comparison, it must be assumed that no words have been 
used without occasion or without the intention of having them 
effective as a part of the law.^ 

1 Kuenster v. Board of Education, 134 111. 167; Smith v. The People, 
154 111. 58. 

2 Greenwood v. Gmelich, 175 111. 534. 



EDDCATIOJSr. 



PKOYISIONS OF THE CONSTITUTIOIT OF ILLINOIS 
EELAT^G TO SCHOOLS. 

Article VUI. 

education. 

Section i. The General Assembly shall provide a thorough 
and efficient system of free schools, whereby all children of this 
State may receive a good common school education. 

The free schools of the State are public institutions, and in their 
management and control the law contemplates that they shall be so 
managed that all children between the ages of six and twenty-one 
years, regardless of race or color, shall have equal and the same right 
to participate in the benefits to be derived therefrom. 
Chase v. Stephenson, 71 111. 385. 

Under the laws of Illinois, aside from the fourteenth amendment 
of the Federal Constitution, school officers cannot deny a pupil ad- 
mission to the public schools on account of nationality, religion, or 
color. They all stand equal under the law. 

People V. Board of Education of Quincy, 101 111. 308. 

By the statutes of this State, the duty of providing schools for the 
education of all children between the ages of six and twenty-one in 
their district is imposed upon the respondents, and is incumbent upon 
them by virtue of their office. 

People V. Board of Education of Upper Alton, 127 111. 625. 

All the youths are equal before the law, and there is no discretion 
vested in the board of directors or elsewhere to interfere with or dis- 
turb that equality. 

People V. Mayor of Alton, 193 111. 315, citing Clark v. Board of 
Directors, 24 la. 277. 

The board of directors may exercise a uniform discretion, equally op- 
erative upon all, as to the residence, or qualifications, or freedom from 
contagious disease, or the like, of children, to entitle them to admission 
to each particular school; but the board cannot, in their discretion, or 
otherwise, deny a youth admission to any particular school because of 
his or her nationality, religion, color, clothing or the like. 
Clark V. Board of Directors, 24 la. 277. 

As the constitution is silent on this subject, it is evidently left to 
the wisdom of the General Assembly to declare what constitutes a good 
common school education. No doubt that body would be bound to con- 
form to the popular understanding in that respect. Without being able 
to give any accurate definition of a "common school," it is safe to say 



b PROVISIONS OF THE CONSTITUTION, 

that the common understanding is, it is a school that begins with the 
rudimental elements of an education, whatever else it may embrace, as 
contradistinguished from academies or universities devoted exclusively 
to Leaching advanced pupils in the classics, and in all the higher 
branches of study usually included in the curriculum of the college. 
Powell V. Board of Education, 97 111. 378. 

Above section is intended as a limitation upon the power of the 
legislature to provide for the maintenance, by local taxation, of free 
schools of a character different frona that named in the section. 
Richards v. Raymond, 92 111. 613. 

This section does not prohibit the teaching of German and other 
modern languages in the common schools. 

Powell V. Board of Education, 97 111. 375. 

Legislative provisions for the maintenance of high schools as a part 
of the common school system do not violate this section of the consti- 
tution. 

Richards v. Raymond, 92 111, 613. 

The legislature has sole discretion to determine the mode in which 
the common school system shall be organized, and the ofl&cers by whom 
it shall be controlled, and administered, except as to state and county 
superintendents, for whose election the constitution provides. 
Plummer v. Yost, 144 111. 68. 
This section cannot be nullified by refusal or failure of board of 
directors to build school house or furnish school rooms. Above section 
is mandatory. 

Millard v. Board of Education, 121 111. 297. 
Normal schools being a recognized method of advancing the interests 
of the common school system, the establishment of which is manda- 
torily required of the General Assembly, it follows that the legislature 
has power to establish and provide for the maintenance of the same. 
Boehm v. Hertz, 182 111. 163. 

§ 2. All lands, moneys, or other property, donated, granted or 
received for schools, college, seminary or university purposes, and 
the proceeds, thereof, shall be faithfully applied to the objects for 
which such gifts or grants were made. 

School corporations, as the trustees of school property, are wholly 
within the control of the General Assembly, and may be changed at its 
pleasure. Neither the grant of the sixteenth section of land by the 
United States to this State, for the use of schools, nor the above sec- 
tion of the constitution, prevent the legislature from taking the control 
of school property from the educational board of one township and 
vesting it in a different board. 

Cravener v. Board of Education, 183 111. 145, 
McGurn v. Board of Education, 133 111. 122, 



EDUCATION. y 

School property or school lands held in trust for school purposes are 
exempt from special assessments, as well as from general taxation. 
The property should be held sacred for the use to which it has been ap- 
propriated. It may be sold or it may be rented for school purposes, but 
no authority of law is conferred upon any one to improve it. It should 
not be exposed to the danger of being improved away by being made 
to pay for the supposed benefits conferred upon it by improvements. 

People ex rel. Little v. Trustees of Schools, 118 111. 55. 

City of Chicago v. People, 80 111. 384. 
School directors may grant the temporary use of school houses, when 
not occupied by schools, for religious meetings and Sunday schools, for 
evening schools, for literary societies and such other meetings as it may 
deem proper, without violating this section of the constitution. Re- 
ligion and religious worship are not so placed under the ban of the 
constitution that they cannot become the recipient of an incidental 
benefit from the public authorities. 

Nichols V. School Directors, 93 111. 61. 
The above section was intended to protect the public school fund of 
the State, and not mere private donations to educational institutions 
or to private corporations created for educational purposes. 

University of Chicago v. The People, 118 111. 567. 
The statute of limitations cannot be pleaded in bar of an action by 
the school trustees against a school treasurer for the recovery of funds 
in his custody and control. 

Trustees of Schools v. Arnold, 58 111. App. 103. 

§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever 
make any appropriation or pay from any public fund whatever, 
anything in aid of any church or sectarian purpose, or to help sup- 
port or sustain any school, academy, seminary, college, university, 
or other literary or scientific institution, controlled by any church 
or sectarian denomination whatever ; nor shall any grant or dona- 
tion of land, money or other personal property ever be made by 
the State or any such public corporation, to any church, or for 
any sectarian purpose. 

The county boards in this State have no power to appropriate county 
funds in aid or support of sectarian schools, or of any school controlled 
by a church or religious denomination, as that is prohibited in express 
terms by section 3 of article 8 of the constitution. 

Stevens v. St. Mary's Training School, 144 111. 337. 

The fact that an institution of learning teaches the doctrines of a 
particular church or religious sect, and that all exercises. of a religious 
character are those of such church, will render the institution sectarian 
within the meaning of section 3 of article 8 of the constitution, pro- 
hibiting the payment from any public fund of anything in aid of any 



10 PKOVISIONS OF THE CONSTITUTION. 

clmrch or sectarian purpose, althougli all of its pupils may not be 
instructed in such doctrines. 

County of Cook v, Chicago Industrial School for Girls, 125 111. 
540. 

The Chicago Industrial School for Girls, a corporation having no 
building of its own, placed all girls committed to it by the county court 
in the House of the Good Shepherd and St. Joseph's Orphan Asylum 
(institutions under two orders of the Roman Catholic Church), which 
furnished them with clothing and tuition and received all pay allowed 
therefor by the county. The officers of the Industrial School were also 
officers of the two institutions above mentioned, and the doctrines of 
the Roman Catholic Church were taught therein to some of their 
pupils: Held, in a suit by the Industrial School against the county to 
recover for the price of tuition and clothing of dependent girls com- 
mitted to its care, that the money sought to be recovered would be a 
payment in support of schools controlled by a church and in aid of a 
sectarian purpose, and that the action would not lie. 

County of Cook v. Industrial School for Girls, 125 111. 541, 

It is the right and duty of every enlightened government as parens 
■patrice to protect and provide for the comfort and support of citizens 
who, by reason of infancy, defective mentality or other infirmity, are 
unable to provide for themselves, and all constitutional limitations 
must be so construed and understood as not to interfere with the 
proper and legitimate exercise of this function of government. The 
act of 1879, in aid of industrial schools for dependent infant females, 
does not violate the above section of the constitution. 
County of McLean v. Humphreys, 104 111. 379. 

The above section, like section 1, is a limitation upon the legislative 
power to enact laws upon educational subjects. 
Powell V. Board of Education, 97 111. 375. 

The above section does not forbid the temporary use of a school house 
for religious worship. 

Nichols V. School Directors, 93 111. 61. 

§ 4. No teacher, State, county, township, or district school 
officer shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture used, or to be used, in any school in 
this State, with which such officer or teacher may be connected, 
under such penalties as may be provided by the General Assembly. 

See General School Law, R. S. ch. 122, art. XV, sec. 13. 

It is a settled doctrine that all negative or prohibitory provisions 
found in a constitution execute themselves, making void all acts done 
in violation of such provisions, the sam.e as if in violation of express 
statutory law. And a statute creating a penalty for doing a thing for- 
bidden by the constitution can add nothing to the invalidity of the act. 
Law V. The People, 87 111. 385. 



EDUCATION. 11 

§ 5, There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation and 
time and manner of election, and term of office, shall be prescribed 
by law, 

Tlie act of June 19, 1891, entitling women to vote at school elections 
in this State, does not confer upon women the right to vote at an 
election for county superintendent of schools, and so far as it attempts 
to do so, is in violation of the above section of the constitution. 
People V. English, 139 111. 622. 
The office of county superintendent is created by the constitution, 
and the electors must be those prescribed in article 7, section 1, of 
the constitution. 

Plummer v. Yost, 144 111. 68. 
People V. English, 139 111. 622. 
County superintendents of schools are not members of that class of 
county officers whose compensation is to be fixed by the county board, 
as provided in section 10 of article 10 of the constitution. The above 
section (section 5, article 8) confers upon the legislature the power 
of fixing their compensation. The office is not created by the constitu- 
tion, but it is left to the discretion of the legislature to create the same 
as it may see fit. 

Jimison v. Adams County, 38 111. App. 52. 
The per diem of county superintendents, as fixed by the act of 1867, 
is regarded as compensation and not "fees" in the sense in which that 
term is used in the constitution. 

Supervisors of Knox County v. Christianer, 68 111. 453. 



12 MISCELLANEOUS CONSTITUTIONAL PEOVISIONS. 



MISCELLANEOUS CONSTITUTIONAL PROYISIONS. 

The enactment of any local or special laws for the management 
of the public schools is expressly forbidden by section 22 of article 
IV of the constitution. The effect of a constitutional prohibition 
of this character has been discussed by the Supreme Court of 
Illinois and of other States in several cases. In this State, the 
court draws a distinction between the establishing of a school and 
providing for its support and its management or conduct when 
established and supported, and, therefore, holds that this section 
of the constitution does not prevent the legislature from providing 
by law that the levying of taxes for school purposes, and the 
custody of the funds when the taxes have been collected, shall be 
delegated to different officers in cities than those discharging such 
duties in other localities.^ 

It has also been held that the adoption of the general incor- 
poration law by a city and the passage of the general school law 
do not modify or impair any former special laws, authorizing such 
city as a public agency to levy and collect taxes for school pur- 
poses, and that all such laws, wherever they may be found, are a 
part of the school laws of the State, and not strictly a part of the 
charter of the city.^ City officers whose duties relate to such mat- 
ters are agencies of the public to carry into effect the objects of 
the general school system. To that extent they are school officers 
rather than city officers. 

By section i of article V of the constitution, the Superintendent 
of Public Instruction is made one of the executive officers of the 
State. This section is held to be a limitation upon the powers of 
the legislative department, and a grant of power to the executive 
branch of the government.^ The qualifications of electors voting 
for State Superintendent of Public Instruction must be those pre- 
scribed in section i of article VII of the constitution.* 

Section 5 of this article provides that the Superintendent of 
Public Instruction "shall not be eligible to any other office during 

1 Speight V. The People, 87 111. 596. 

2 Fuller v. Heath, 89 111. 296. 

3 Field V. The People, 2 Scam. 79. 

4Plummer v. Yost, 144 111. 68; People v. English, 139 111. 622. 



MISCELLANEOUS CONSTITUTIONAL PK0VI8I0NS. 13 

the period for which he shall be elected," but it is held that the 
legislature is not thereby prevented from requiring him to serve 
as trustee of the Eastern Illinois Normal School, as a part of his 
official duties.^ 

If the office becomes vacant by death, resignation or otlierwise, 
it becomes the duty of the Governor to fill the same by appoint- 
ment.^ 

School districts and other municipal corporations are forbidden 
by the constitution from contracting any indebtedness in excess 
of five per centum of their taxable property as ascertained by the 
last assessment for state and county taxes previous to the in- 
curring of such indebtedness.^ This provision has been embodied 
in the general school law of the State,* but as this section of the 
constitution is self-executing, statutes renewing the prohibition 
confer no additional sanction upon it.^ No supplemental legisla- 
tion is required to make it effective. 

It has been held that this constitutional prohibition applies to a 
debt payable upon a contingency or the happening of some event, 
such as the rendering of service or the delivery of property, but 
that warrants may be drawn upon the treasury in anticipation of 
taxes to be thereafter collected, provided the tax, at the time of 
the appropriation on which the warrants are based, be actually 
levied, and the legal effect of the contract between the munici- 
pality and the individual, for which the appropriation is made, be 
such as to prevent any liability on such contract against the cor- 
poration.® 

Provision is made by the constitution for the exemption from 
taxation of all real and personal property used exclusively for 
school purposes, but such exemption must be by general law of 
the State.'^ In accordance with this constitutional provision, the 
revenue laws of the State exempt from taxation all lands donated 
by the United States for school purposes, not sold or leased, all 
public school houses, and all property of institutions of learning, 
including the land on which they are located, provided such prop- 

1 People V. Inglis, 161 111. 263. 

2 See article V, section 20, Appendix D. 

3 See article IX, section 12, Appendix D. 

4 Article IX, section 1. 

5 Law V. The People, 87 111. 385; City of East St. Louis v. People, 124 
111. 655. 

6 City of Springfield v. Edwards. 84 111. 633. 
T See article IX, section 3, Appendix D. 



14 MISCELLANEOUS CONSTITUTIONAL PROVISIONS. 

erty is not leased or otherwise used by* such institutions with a 
view to profit/ 

Under this law, all classes of public school property are relieved 
from general ta:cation. There has been some controversy, how- 
ever, as to whether or not exemption from general taxation in- 
cludes exemption from special assessment for local improvements. 
In this connection, a distinction should be noted between two 
classes of school property, one of which is designated as school 
fund property, consisting of lands donated by the United States 
Government and additions thereto, lands acquired in lieu thereof, 
and the proceeds derived from the sale of such lands, and the 
other, which is ordinarily called school property or school tax 
property, consisting of real and personal property, purchased by 
the different classes of school corporations, and held and used by 
them for school purposes. 

As to the first class of property, it seems to be well settled by 
the decisions of the Supreme Court already cited that it is exempt 
from all kinds of taxation, both general and special.^ 

As to the second class of property, the question is not free from 
doubt. It has been sometimes successfully contended in proceed- 
ings in the lower courts for the confirmation of a special assess- 
ment against a lot occupied by a public school building, that the 
language of the Supreme Court in People v. Trustees, ii8 111. 55, 
is sufficiently broad to include this kind of property, the title to 
which is held in trust for school purposes. In other cases, it has 
been held that school property of this kind is not exempt from 
special assessment, reliance being had upon sundry decisions of 
the Supreme Court, holding numerous classes of public property 
liable to special assessment.^ 

The question of the liability of this class of property for special 
assessments has not been before the Supreme Court squarely, but 
it seems just that such property should bear its proportion of the 
expense for necessary and proper local improvements. This ex- 
pense, however, should be assessed as a public benefit and paid 
by the municipality out of its general fund, as it does not seem 
clear that school funds can be expended for such purposes. 

1 Chapter 120, section 2, R. S.; People v. Ryan, 138 111. 263. 

2 People V. Trustees of Schools, 118 111. 55; City of Chicago v. People, 
80 111. 384. 

3 County of McLean v. Bloomington, 106 111. 209. 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 15 



GEISTEEAL SCHOOL LAW OF ILLINOIS. 

AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE 
SCHOOLS, APPROVED AND IN FORCE MAY 21, 1889. 

Article I. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



§ 1. Time of election and term of 
office. 

2. Oath and bond. 

3. Salary and office expenses. 



§ 4. Duties defined. 

5. Powers defined. 

6. Liabilities. 



Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That, at the election to be 
held on Tuesday after the first Monday of November, in the year 
of our Lord one thousand eight hundred and ninety, and quadren- 
nially thereafter, there shall be elected by the legal voters of this 
State, a State Superintendent of Public Instruction, who shall hold 
his ofifice for four years from the second Monday in January next 
after his election, and until his successor is duly elected and quali- 
fied. 

Note. — The office of State Superintendent was created by the laws of 
1854, page 13. The law relating thereto was revised by the laws of 
1857, page 259. 

The State Superintendent of Public Instruction and the county su- 
perintendents of schools were made component and important parts of 
the system established by the act of 1872, and their duties were therein 
defined and provisions therein made for their election. 

People V. English, 139 111. 630. 

§ 2. Before entering upon his duties, he shall take and sub- 
scribe the oath of office prescribed by the Constitution, and shall 
also execute a bond, in the penalty of twenty-five thousand dollars 
($25,000), payable to the People of the State of Illinois, with 
securities to be approved by the Governor, conditioned for the 
prompt discharge of his duties as Superintendent of Public In- 
struction, and for the faithful application and disposition, accord- 
ing to law, of all school moneys that may come into his hands by 
virtue of his office. Said bond and oath, shall be deposited with 
the Secretary of State, and an action may be maintained thereon 
by the State at any time for a breach of the conditions thereof. 



16 GENERAL SCHOOL LAW. 

§ 3. And the said State Superintendent shall receive, annually, 
such sum as may be provided by law, as a salary for the services 
required under the provisions of this act, or any other law that 
may be passed, and also all necessary contingent expenses for 
books, postage and stationery pertaining to his office, to be audited 
and paid by the State as the salaries and contingent expenses of 
other officers are paid. 

The salary of this officer is fixed by law at thirty-five hundred dollars 
per year. 

Ch. 53, sec. 1, R. S. 

§ 4. It shall be the duty of the said State Superintendent of 
Public Instruction — 

First — To keep an office at the seat of government of the State. 

Second — To file all papers, reports and public documents trans- 
mitted to him by the school officers of the several counties, each 
year separately. 

Third — To keep and preserve all other public documents, books 
and papers relative to schools, coming into his hands as State 
Superintendent, and to hold the same in readiness to be exhibited 
to the Governor, or to any committee of either house of the Gen- 
eral Assembly. 

This clause makes it obligatory upon the Superintendent to retain 
as part of the files of his office all documents of every kind, including 
letters, which come to him in his official capacity. 

Fourth — To keep a fair record of all matters pertaining to the 
business of his office. 

Fifth — To pay over, without delay, all sums of money which 
may come into his hands by virtue of his office, to the officer or 
person entitled to receive the same, in such manner as may be pre- 
scribed by law. 

This refers to the sums appropriated by the legislature at each ses- 
sion for clerk hire and the current expenses of the office. The State 
Superintendent handles no school money in connection with his official 
duties. 

Sixth — To counsel and advise in such manner as he may deem 
most advisable, with experienced and practical school teachers, as 
to the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in 
the State. 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 17 

Eighth — To be the general adviser and assistant of count}^ 
superintendents of schools in this State. 

Ninth — To address circular letters to county superintendents, 
from time to time, as he shall deem for the interests of schools, 
giving advice as to the best manner of conducting schools, con- 
structing school houses, furnishing the same, examining and pro- 
curing competent teachers. 

Tenth — To, on or before the ist day of November preceding 
each regular session of the General Assembly, report to the Gover- 
nor the condition of the schools in the several counties of the 
State ; the whole number of schools which have been taught in 
each county in each of the preceding years, commencing on the ist 
of July ; what part of said number have been taught by males ex- 
clusively, and what part by females exclusively ; what part of said 
whole number have been taught by males and females at the same 
time, and what part by males and females at different periods ; the 
number of scholars in attendance at said schools ; the number of 
persons in each county under twenty-one years of age, and the 
number of such persons between the ages of twelve and twenty- 
one years that are unable to read and write ; the amount of town- 
ship and county funds ; the amount of the interest of the State or 
common school fund, and of the interests of the township and 
county fund annually paid out ; the amount raised by an ad valorem 
tax ; the whole amount annually expended for schools ; the number 
of school houses, their kind and condition; the number of town- 
ships and parts of townships in each county ; the number and de- 
scription of books and apparatus purchased for the use of schools 
and school libraries under the provisions of this act, the price paid 
for the same, the total amount purchased, and what quantity and 
how distributed, the number and condition of the libraries, to- 
gether with such other information and suggestions as he may 
deem important in relation to the school laws, schools and the 
means of promoting education throughout the State; which re- 
port shall be laid before the General Assembly at each regular 
session. 

Under this clause, biennial reports are made by the Superintendent 
to the Governor, containing a summary of school statistics for the two 
preceding years, beginning with July 1 of each year. 

Eleventh — To make such rules and regulations as may be neces- 
sary and expedient to carry into efficient and uniform effect the 
2 



18 GENERAL SCHOOL LAYf. 

provisions of this act, and of all the laws which now are or may 
hereafter be in force for establishing and maintaining free schools 
in this State. 

This clause confers upon the Suparintendent legislative powers of 
great importance. His authority with reference to these matters is 
well established and is often quoted with approval by courts of last 
resort. 

Powell V. Board of Education, 97 111. 388. 

Twelfth — To be the legal adviser of all school officers, and, 
when requested by any such school officers, to give his opinion in 
writing upon any question arising under the school laws of this 
State. 

The decisions of the State Superintendent are final and binding until 
overruled by a court having competent jurisdiction or nullified by leg- 
islative action. 

Thirteenth. — To hear and determine all controversies arising 
under the school laws of this State, coming to him by appeal from 
a county superintendent, upon a written statement of facts certi- 
fied by the county superintendent. 

The wording of this clause should be carefully noted by school officers 
desiring to avail themelves of its provisions. The State Superintendent 
is not given original jurisdiction of controversies arising under the 
school laws, but is authorized to deal only with questions coming to 
him by appeal from the decisions of county superintendents. There- 
fore, parties to such a controversy should first submit the matter in dis- 
pute to the county superintendent. If his decision is unsatisfactory, an 
appeal can be taken to the State Superintendent, all questions of fact 
being certified in writing to that officer by the county superintendent 
from whose decision the appeal is taken. 

Fourteenth — To receive and file all proper reports made to him 
from time to time by the several county superintendents of this 
State as required by article II of this act. 

Fifteenth — To grant State certificates to such teachers as may 
be found worthy to receive them, as provided for in section 2 of 
article VII of this act. 

Sixteenth — To be ex ofUcio a member of the board of trustees 
of the University of Illinois and of the Southern Normal Univer- 
sity. 

Seventeenth — To be ex oMcio a member of the Board of Edu- 
cation of the State of Illinois, and to act as secretary thereof. 



STATE SUPERINTENDENT OF PUBLIC INSTEUCTION. 19 

Eighteenth — To report to the General Assembly of Illinois, at 
its regular sessions, the condition and expenditures of the Normal 
University, and such other information as may be directed by the 
Board of Education of the State of Illinois or by the General 
Assembly of this State. 

Nineteeenth — To visit inch, of the charitable institutions of this 
State as are educational in their character, and to examine their 
facilities for instruction, and to prescribe forms for such reports 
as he ma}^ desire from the superintendents of such charitable in- 
stitutions. 

§ 5. The said State Superintendent of Public Instruction shall 
be clothed with the following powers : 

First — To direct and cause the county superintendent of any 
county, directors or boards of trustees or township treasurer of 
any township, or other school officer, to withhold from any of- 
ficer, township, district or teacher, any part of the common school, 
or township, or other school fund, until such officer, township 
treasurer or teacher shall have made all schedules, reports and re- 
turns required of him by this act, and until such officers shall have 
executed and filed all official bonds and accounted for all common 
school or township or other school funds which have heretofore 
come into his hands, as required of him by this act. 

Second — To require the several county superintendents of this 
State to furnish him with such information relating to their sev- 
eral offices as he may desire to embody in his report to the General 
Assembly of this State. 

Third — To require the board of trustees of each township in 
this State to make, at any time he may desire, a report similar to 
the report required to be made by such trustees, on or before the 
fifteenth day of July preceding each regular session of the Gen- 
eral Assembly of this State, as provided for in section 28 of article 
III of this act. 

Fourth — Upon the recommendation of the county superintend- 
ent, or for good and sufficient reasons, to remit the forfeiture of 
the school fund by any township which may have failed to make 
the reports required by law. 

Fifth — To determine and designate the particular statistics re- 
lating to schools which the inferior officers shall report to the 
county superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to pro- 
cure such assistance as may be necessary to conduct county 
teachers' institutes for not less than five days in each year. 



20 GENERAL SCHOOL LAW. 

Seventh — To require annual reports from the authorities of in- 
corporated towns, townships, cities or districts holding schools by 
authority of special charters to the same extent as regular school 
officers are or may be required to make such reports. 

Eighth — To require the president, principal or other proper 
officer of every organized university, college, seminary, academy 
or other literary institution, whether incorporated or unincorpo- 
rated, or hereafter to be incorporated in this State, to make out 
such report as he may require in order that he may lay before the 
General Assembly a fair and full exhibit of the affairs and condi- 
tions of such institutions and of the educational resources of the 
State. 

Ninth — To require the Auditor of Public Accounts to withhold 
from the county superintendent of any county the amount due any 
such county for its share of the interest on State school fund, or 
said county superintendent for his per diem compensation, until 
the report provided for in section 17 of article II of this act shall 
have been furnished as therein required. 

§ 6. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, ap- 
paratus or furniture used, or to be used, in any school in this 
State, and for offending against the provisions of this section he 
shall be liable to indictment, and upon conviction shall be fined in 
a sum not less than twenty-five nor more than five hundred dol- 
lars, and may be imprisoned in the county jail not less than one 
month nor more than twelve months, at the discretion of the court. 

This clause is in conformity with the requirements of section 4 of 
article VIII of the constitution. See also article XV, section 13, School 
Law. 



COUNTY STJPEEINTENDENTS. 



21 



Article II. 



COUNTY SUPERINTENDENTS. 



§ 1. 

2. 
3. 
4. 



9. 
10. 
11. 

12. 

13. 
14. 



Time of election and term 
of office. 

Oath and bond. 

Form of bond. 

Obligors bound jointly and 
severally. 

Supervisors may require a 
new bond. 

Office and supplies. 

Liable to removal. (Re- 
peal.) 

Vacancies. 

Time limited. 

Assistants. 

Commissions and per diem. 

Itemized bills and warrants 
from Auditor. 

Duties defined. 

Powers defined. 



§15. 

16. 
17. 

18. 



19. 



20. 

21. 
22. 

23. 



Record of land sales. 

Report to county board. 

Report to State Superin- 
tendent. 

Collecting statistics, and 
suit against trustees as 
individuals. 

Approval of township treas- 
urer's bond, and delivery 
of written statement to 
the township treasurer. 

Apportionment of funds to 
townships. 

Loaning of county fund. 

Appeal to the State Superin- 
tendent. 

Delivery of money, books, 
papers, etc., to successor 
in office. 



Section i. On Tuesday next after the first Monday in No- 
vember, A. D. 1890, and quadrennially thereafter, there shall be 
elected by the qualified voters of every county in this State a 
county superintendent of schools, who shall perform the duties re- 
quired by law, and shall enter upon the discharge of his duties on 
the first Monday of December after his election. 

The office of county school superintendent was created by the School 
Law of 1865, being thereby substituted for the office of county commis- 
sioner of schools. 

The legislature having in 1872, under and in furtherance of a consti- 
tutional provision, enacted a statute which provided for such an officer 
as a county superintendent of schools in each and every county of the 
State, it must be regarded that such county superintendent is to all 
intents and purposes a constitutional officer. The constitution having 
thus made provision for such officer, and for his or her "election," and 
having prescribed in section 1 of article VII the qualifications es- 
sential to entitle a person to vote at "any election," it must be pre- 
sumed that it was and is the true intention and meaning of that instru- 
ment that no person should have the right to vote for a county superin- 
tendent of schools who does not possess such qualifications. Accord- 
ingly it is held that the act entitled "An act to entitle women to vote at 



22 GENERAL SCHOOL LAW. 

any election held for the purpose of choosing any officer under the 
general or special school laws of this State," approved June 19, 1891, 
does not confer upon women the right and privilege of voting at any 
election for county superintendent of schools. 

People V. English, 139 111. 622. 
At all elections of the state and county superintendent of schools, 
the qualifications of the voters must be those prescribed in section 1 
of article VII of the constitution. 

Plummer v. Yost, 144 111. 68. 

§ 2. He shall, before entering upon his duties, take the oath 
prescribed by the Constitution, and execute a bond payable to the 
People of the State of Illinois, with two or more responsible free- 
holders as security, to be approved by the county board or by the 
judge and clerk of the county court, in a penalty of not less than 
twelve thousand dollars ($12,000), to be increased at the discre- 
tion of the said county board, conditioned that he will faithfully 
perform all the duties of his office according to the laws which are 
or may be in force during his term of office. 

Under this section, the county board should fix the amount of the 
bond at a sum not less than double the largest amount of funds and 
securities which will come to the hands of the superintendent at any 
one time during his term of office. 

§ 3. The bond required in the foregoing section shall be in 
the following form, viz. : 
State of Illinois, 



County. ' ^^• 

Know all men by these presents, that we, A B, C D, and E F, 
are held and firmly bound, jointly and severally, unto the People 

of the State of Illinois, in the penal sum of dollars, to the 

payment of which we bind ourselves, our heirs, executors and 
administrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals 
this day of , A. D. 18 — . 

The condition of the above obligation is such, that if the above 
bounden A B, county superintendent of the county aforesaid, 
shall faithfully discharge all the duties of such office, according to 
the laws which now are and may hereafter be in force, and shall 
deliver over to his successor in office all moneys, books and papers 
and property in his hands, as such county superintendent, then 
this obligation to be void, otherwise to remain in full force and 
virtue, 

A B [Seal.] 
C D [Seal.] 
E F [Seal.] 

And which bond shall be filed in the office of the county clerk. 



COUNTY SUPERINTENDENTS. 23 

§ 4, The obligors in such bond shall be bound jointly and 
severally, and upon it an action or actions may be maintained by 
the board of trustees of the proper township, or any other cor- 
porate body interested, for the benefit of any township or fund 
injured by any breach of the conditions thereof. 

The duties of county superintendents with reference to public funds 
coming into their hands, being similar to those of township treasurers, 
doubtless the same rule of responsibility applies to county superintend- 
ents as to township treasurers, and with reference to the latter class of 
officers the supreme court has held that they are made insurers of the 
funds coming to their possession, and nothing can relieve them from 
their obligation to safely keep and pay over such funds but the act of 
God or the public enemy. 

Thompson v. Trustees, 30 111. 99. 

§ 5. If a majority of the county board shall be satisfied at any 
time that the bond of said county superintendent is insufficient, it 
shall be the duty of such superintendent, upon notice being given 
to him by the clerk of such board, to execute a new bond, condi- 
tioned and approved as the first bond : Provided, that the execu- 
tion of such new bond shall not affect the old bond or the liability 
of the securities thereon. 

§ 6. " It shall be the duty of the county board of the county to 
provide the said county superintendent with a suitable office, with 
necessary furniture and office supplies, as is done in the case of 
other county officers. 

§ 7. The said county superintendent shall be liable to removal 
by the county board for any palpable violation of law or omission 
of duty. [Repealed by act approved June 15, 1893. 

In speaking of the exercise of this power, the supreme court has 
held that the county board must not act capriciously, and that the re- 
moval must be "for palpable violation of law or omission of duty." 
People V. Mays, 117 111. 257. 

§ 8. When the office of county superintendent of schools shall 
become vacant by death, resignation, the removal of the incumbent 
by the county board or otherwise, the county board shall fill the 
vacancy by appointment, and the person so appointed shall hold 
his office until the next election of county officers, at which election 
the county board shall order the election of a successor : Provided, 
that if a vacancy shall not be filled by the county board within 
thirty days of the time the vacancy occurs by reason of a tie vote 



24 GENERAL SCHOOL LA.W. 

of said board upon the vote to fill the vacancy, or from any other 
cause, then it shall be the duty of the clerk to the county board 
to summons the county judge of the county in which the vacancy 
exists to meet with the county board at a time and place to be 
designated by the clerk, of which meeting the members of the 
county board shall have notice ; and said county board and county 
judge, when so notified, shall meet at the time and place desig- 
nated, of [at] which meeting the county judge shall preside, and 
in case of a tie vote he shall give the casting vote. Upon the ap- 
pointment of a person to fill the vacancy of county superintendent 
of schools, the clerk of the county board shall notify the person 
so selected and appointed by the board of his selection and appoint- 
ment, and he shall hold his office until the next election of county 
officers, at which election the county board shall order the election 
of a successor, [As amended by an act approved April 22, 1899.] 

As amended by act in force July 1, 1899, being identical with the 
same section of the act of May 21, 1889, with the proviso added. 

A county superintendent of schools addressed and presented to the 
county court of his county a paper as follows: "The undersigned 
hereby tenders his resignation as county superintendent of schools." 
This paper was received by the court and handed to the clerk to be 
placed on the file of the court, and was by him so filed. This was a 
virtual acceptance of the resignation, which was not subject to be re- 
voked by the party presenting it. It was not necessary to enter an 
order upon the records, accepting the resignation in form. 
Pace v. The People ex rel. McMeen, 50 111. 432. 

§ 9. In counties having not more than one hundred (100) 
schools, the county board may limit the time of the superintend- 
ent: Provided, that in counties not having more than fifty (50) 
schools, the limit of time shall not be made less than one hundred 
and fifty (150) days a year; in counties having from fifty-one 
(51) to seventy-five (75) schools, not less than two hundred 
(200) days a year; and in counties having from seventy-six (76) 
to one hundred ( 100) schools, not less than two hundred and fifty 
(250) days a year. 

This section leaves it discretionary with a county board in a small 
county to limit the time allowed to the county superintendent for the 
performance of his oflBcial duties, thereby possibly curtailing the ex- 
penses of the oflBce. It is generally held that the best interests of the 
schools are subserved by refraining from an exercise of this power. 



COUNTY SUPERINTENDENTS, 25 

§ lo. The county superintendent may, with the approval of the 
county board, employ such assistant or assistants as he needs for 
the full discharge of his duties. Such assistants shall be persons 
of good attainments, versed in the principles and methods of edu- 
cation, familiar with public school work, and competent to visit 
schools. Such assistants shall receive such compensation as may 
be fixed by the county board. 

§ II. County superintendents shall receive in full, for all 
services rendered by them, commissions as follows : Three per 
cent, commission upon the amount of sales of school land, or sales 
of land upon mortgage, or of sales of real estate taken for debt, 
including all services therewith. Two per cent, commission upon 
all sums distributed, paid or loaned out by them for the support 
of schools. For all other duties required by law to be performed 
by them, four dollars ($4) a day for such number of days as shall 
be spent in the actual performance of their duties, not exceeding 
the number fixed by the county boards in counties in which the 
boards are given power to fix the number of days by section 9 of 
this article of this act, and one ($1) a day, for expenses for the 
number of days actually spent in school visitation. 

The power of fixing the compensation of county superintendents is 
vested in the legislature by article VIII, section 5 of the constitution, 
and they do not belong to that class of officers whose compensation is 
to be fixed by the county board. 

Jimison v. Adams County, 130 111. 558. 

Under this section, the county superintendent is entitled to a com- 
mission of three per cent, of the amount of all sales of school lands, and 
when the entire payment is not made in cash, it has been held that the 
superintendent is entitled to an additional commission of two per cent, 
on account of the purchase money loan. 

Bateman's Common School Decisions, p. 25. 

The township treasurer is custodian of the proceeds of such sales and 
is vested by law with the power of loaning such funds, but under a 
proper arrangement with the treasurer and township trustees, this duty 
may be performed by the county superintendent, and in such case he 
is entitled to the commission allowed by law. 
Sec. 3, art. IV, of General School Law. 

§ 12. The county superintendents shall present under oath, or 
affirmation, their itemized bills for their per diem compensation 
and for the expenses allowed by this article of this act, when visit- 
ing schools, together with a report of all their acts as such county 
superintendent, or assistant, including a list of all the schools 



26 GENERAL SCHOOL LAW. 

visited, with the dates of visitation, to the county board, at the an- 
nual meeting of such county board in September, and as near 
quarterly thereafter as such board may have regular or special 
meetings, and after the bills have been audited by the county 
board, the county clerk shall certify to such auditing upon the 
bills, and transmit them to the Auditor of Public Accounts, who 
shall, upon receipt of them, remit in payment thereof to each 
superintendent his warrant upon the State Treasurer for the 
amount certified to be due him. The said Auditor, in making his 
warrant to any county for the amount due it from the State school 
fund, shall deduct from it the several amounts for which warrants 
have been issued to the county superintendent of said county since 
the next preceding apportionment of the State school fund. 

This report and account should be made in the form required by the 
auditor, and upon a blank furnished by him. It is presented to the 
county board, so that it may be examined and its correctness certified 
by that body. 

§ 13. It shall be the duty of each county superintendent of 
schools in this State — 

First — To sell township fund lands, issue certificate of pur- 
chase, report to the county board and State Auditor, and perform 
all other duties pertaining thereto, as required by article XIII of 
this act. 

Second — To register applicants for admission to the State 
Normal Universities and to the University of Illinois, and to 
assist in the examination of the same as directed by the State 
Board of Education or other proper authorities. 

Third — To visit each school in the county at least once a year, 

and in the performance of this duty he shall spend at least half 

the time given to his office, and more, if practicable, in visiting 

ungraded schools. 

The term "ungraded school," as used in this clause, ordinarily means 
a school with but one teacher, containing pupils of several different 
degrees of advancement in their studies. This provision is intended to 
secure for rural schools a fair amount of the attention of county su- 
perintendents. 

Fourth — To note, when visiting schools, the methods of instruc- 
tion, the branches taught, the text-books used, and the discipline, 
government and general condition of the schools. 

The duties mentioned in this and the four succeeding clauses are the 
most important of any that are imposed upon the county superintend- 



COUNTY SUPERINTENDENTS. 27 

ent, because they directly concern tlie welfare of the school system, 
and require expert and professional knowledge concerning educational 
affairs, while his remaining duties are rather of a clerical or commer- 
cial nature. 

Fifth — To give to teachers and school officers such directions 
in the science, art and metliods of teaching and courses of study 
as he may deem expedient and necessary. 

Sixth — To act as the official adviser and constant assistant of 
the school officers and teachers of his county ; and in the perform- 
ance of this duty he shall faithfully carry out the advice and in- 
struction of the State Superintendent of Public Instruction. 

Seventh — To conduct as provided for in section lo of article 
VII of this act, a teachers' institute, and to aid and encourage 
the formation of other teachers' meetings, and to assist in their 
management. 

Under statute in force July 1, 1872, county superintendents had no 
authority to hold a teachers' institute and charge the county therefor, 
unless the county board made provision for such institute. 
Murray v. Clay County, 81 111. 597. 

Eighth — To labor in every practicable way to elevate the stand- 
ard of teaching, and improve the condition of the common schools 
of his county. 

Ninth — To examine, at least once each year, all books, accounts 
and vouchers of every township treasurer in his county, and if he 
finds any irregularities in them he shall at once report the same 
in writing to the board of trustees, whose duty it shall be to take, 
immediately, such action as the case demands. 

Tenth — To examine all notes, bonds, mortgages, and other evi- 
dences of indebtedness which the township treasurer holds offi- 
cially, and if he finds that the papers are not in proper form, or 
that the securities are insufficient, he shall so state in writing to 
the board of trustees. 

Eleventh — To give notice of the election of trustees in cases 
such as those provided for in section 15, article III of this act. 

Tzvelfth — To file and safely keep the poll books and returns of 
any election required to be returned to the county superintendent 
by any provision of this act. 

Thirteenth — To investigate and determine all matters pertain- 
ing to the change in the boundaries of school districts which may 
come to him by appeal from the decision of the school trustees, 



28 GENEEAL SCHOOL LAW. 

and to notify the township treasurer, from whom the papers relat- 
ing to the matter were received, of his decision of the matter. 

It is the duty of the county superintendent, on the hearing of appeals, 
to investigate and determine whether the proposed change will be for 
the best interests of the districts affected, and the statute provides that 
his action shall be final and binding. He is vested with discretion to 
determine what is best for the people and the cause of education. The 
rule is well established that when public officers are so invested with 
discretionary powers, a court of equity will not interfere to control or 
review the exercise of the power, unless fraud, corruption, oppression 
or gross injustice is plainly shown. 

School Trustees v. School Directors of Dist. No. 2, 190 111. 392. 

Fourteenth — To give notice of the election of school directors 
in cases such as are provided for in section 9 of article V of this 
act. 

Fifteenth — To hold meetings, at least quarterly, for the ex- 
amination of teachers, as provided for in section 7 of article VII 
of this act. 

Sixteenth — To grant certificates of qualification to such persons 
as may be qualified to receive them, as provided for in section 3 of 
article VII of this act; and to keep a record of all teachers to 
whom such certificates have been granted, as provided for by sec- 
tion 4 of article VII of this act ; and to keep a record of all teach- 
ers employed in teaching in this county. 

Seventeenth — To keep a just and true account of all moneys 
received and all moneys paid out on account of the "institute 
fund," and make report thereof to the county board, as provided 
for in section 9 of article VII of this act. 

Eighteenth — To present to the county board of the county, at 
the first regular meeting thereof, annually, the report required 
by section 3 of article XI of this act. 

Nineteenth — To notify presidents of boards of trustees and 
clerks of school districts, on or before September 30, annually, of 
the amount of money paid by him to the township treasurer, and 
the date of such payments. 

The form of the notice mentioned in this clause may be as follows: 

To , 

President or Clerk, etc. 

Please take notice that I have this day paid to your township treas- 
urer (name of treasurer), the sum of dollars on account (or in 

full) of the amount apportioned to your township. 

CJounty Superintendent of Schools of County. 



COimTY SUPERINTENDENTS. 29 

Tzventieth — To receive and file, on or before the 15th day of 
July preceding each regular session of the General Assembly, and 
at such other times as may be required by the State or county 
superintendent, a statement from the board of trustees of each 
township, giving such statistics and information as may be called 
for. 

§ 14. The said county superintendent shall have power — 

First — To require the board of trustees of each township in his 
county to make, at any time he may desire, the report provided for 
in section 28 of article III of this act. 

Second — To recomm.end to the State Superintendent the remis- 
sion of the penalty provided for a failure by the trustees of 
schools to make the reports provided for by law. 

See section 5, article 1, clause 4. 

Third — To renew teachers' certificates at their expiration by his 
indorsement thereon. 
See article 7, section 3. 

Fourth — To revoke the certificate of any teacher for immorality, 
incompetency, or other just cause. 

Fifth — To direct in what manner township treasurers shall keep 
their books and accounts. 

Sixth — To bring suit against the county collector for a failure 
to pay State Auditor's warrant, as provided for in section 5 of 
article XII of this act. 

Seventh — To remove any school director from office for a will- 
ful failure to perform the duties of his office. 

This clause is broad in its terms and enables a county superintend- 
ent to compel an observance of tbe law by the directors. Under the 
construction of similar statutory provisions by the courts of other 
States, a wilful act committed or omitted in palpable violation of the 
law is a sufficient warrant for the exercise of this power. Before re- 
sorting to so harsh a measure^ however, it would be well for the su- 
perintendent to give ample notice to an offending director, and afford 
him a reasonable opportunity to comply with the law and avoid the 
penalty. 

Eighth — To lease and sell real estate in cases provided for in 
section 26 of article XIII of this act, in the manner therein speci- 
fied. 

§ 15. The said county superintendent shall provide three well 
bound books, which shall be paid for from the county treasury. 
These books shall be known and designated by the letters A, 
B, C, for the following purposes : In book "A" he shall record 



30 GENERAL SCHOOL LAW. 

at length all petitions presented to him for the sale. of common 
school lands, and the plats and certificates of valuation made by 
or under the direction of the trustees of schools, and the affi- 
davits in relation to the same. In book "B" he shall keep an ac- 
count of all sales of common school lands, which accounts shall 
contain the date of sale, name of purchaser, description of land 
sold and the sum sold for. In book "C" he shall keep a regular 
account of all moneys received for lands sold or otherwise, and 
loaned or paid out; the persons from whom received, and on 
what account, and showing whether it is principal or interest ; 
the person to whom loaned, the time for which the loan was 
made, the rate of interest, the names of the securities, when 
personal security is taken, or if real estate is taken as security, 
a description of the real estate ; and if paid out, to whom, when, 
and on what account, and the amount paid out ; the list of sales 
and the account of each township fund to be kept separate. 

§ i6. The county superintendent shall report, in writing, to 
the county board, at their regular meeting in September of each 
year, giving first, the balance on hand at the time of the last re- 
port and a statement in detail of all receipts since that date, and 
the sources from which they were derived ; second, the amount paid 
for expenses ; third, the amount of his commissions ; fourth, the 
amount distributed to each of the township treasurers in his 
county ; fifth, any balance on hand. He shall also present for in- 
spection at the same time his books and vouchers for all expendi- 
tures, and all notes or other evidences of indebtedness which he 
holds officially, with the securities of the same; and he shall give 
in writing a statement of the condition of the county fund, of the 
institute fund, and of any township funds of which he may have 
the custody. 

§ 17. On or before the 15th day of August before each regular 
session of the General Assembly of this State, or annually, if so 
required by the State Superintendent of Public Instruction, the 
county superintendent shall communicate to said State Superin- 
tendent all such information and statistics upon the subject of 
schools in his said county as the said State Superintendent is 
bound to embody in his report to the Governor, and such other in- 
formation as the State Superintendent shall require. 

Under section 10 of article XV of the General School Law, the county- 
superintendent is liable to a fine of twenty-five dollars for failure to 
make this report. 



COUNTY SUPERINTENDENTS. 31 

§ 1 8. In all cases where the township board of trustees of any 
township shall fail to prepare and forward, or cause to be pre- 
pared and forwarded to the county superintendent, the informa- 
tion and statistics required of them in this act, it shall be the duty 
of the said county superintendent to employ a competent person 
to take the enumeration and furnish such statistical statement, as 
far as practical, to the superintendent; and such person so em- 
ployed shall have free access to the books and papers of said town- 
ship to enable him to make such statement; and the township 
treasurer, or other officer or person in whose custody such books 
and papers may be, shall permit such person to examine such 
books and papers at such times and places as such person may de- 
sire for the purposes aforesaid ; and the said county superintendent 
shall allow, and pay to the person so employed by him, for the 
services such amount as he may judge reasonable out of any 
money which is or may come into said superintendent's hands, 
apportioned as the share of or belonging to such township ; and 
the said county superintendent shall proceed to recover and col- 
lect the amount'so allowed or paid for such services, in a civil ac- 
tion before any justice of the peace in the county, or before any 
court having jurisdiction in the name of the People of the State 
of Illinois, of and against the trustees of schools of said town- 
ship in their individual capacity ; and in such suit or suits the said 
county superintendent and township treasurer shall be compe- 
tent witnesses ; and the money so recovered, when collected, shall 
be paid over to the county superintendent for the benefit of said 
township, to replace the money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurers approved 
by the board of trustees of schools, as required by law, shall be 
delivered to the county superintendent, he shall carefully examine 
the same, and if the instrument is found in all respects to be ac- 
cording to law, and the securities good and sufficient, he shall en- 
dorse his approval thereon, have it recorded in the circuit clerk's 
office, and file the same with the papers of his office, but if said 
bond is in any respect defective, or if the penalty is insufficient, he 
shall return it for correction. When the bond shall have been duly 
received and filed, the superintendent shall, on demand, deliver 
to said township treasurer a written statement certifying that his 
bond has been approved and filed, and that said township treasurer 
is. entitled to the care and custody, on demand, of all moneys, 



32 GENERAL SCHOOL LAW. 

bonds, mortgages, notes and securities, and all books, papers and 
property of every description belonging to said township. 

This section imposes an important duty upon the county superin- 
tendent, to the careful performaDce of which attention should be given, 
as the protection of the township funds is involved. The examination 
of the bond and the financial responsibility of the sureties should 
never be perfunctory, but always thorough and exhaustive. 

§ 20. Upon the receipt of the amount due upon the Auditor's 
warrant, the county superintendent shall apportion said amount, 
also the interest on the county fund and the fines and forfeitures, 
to the several townships and parts of townships in his county, in 
which townships or parts of townships schools have been kept in 
accordance with the provisions of this act, and with the instruc- 
tions of the State and county superintendents, according to the 
number of children, under twenty-one years of age, returned to 
him, and shall pay over the distributive share belonging to each 
township and fractional township, to the respective township treas- 
urers, or other authorized person annually : Provided, that no part 
of the State, county or other school fund shall be paid to any 
township treasurer or other person authorized by said treasurer, 
unless said township treasurer has filed his bond, as required by 
section i of article IV of this act ; nor in case said treasurer is re- 
appointed by the trustees, unless he shall have renewed his bond 
and filed the same as aforesaid. 

FOEM OF STATEMENT TO TREASUEEKS. 

Office of County Superintendent of Schools 

of County. 

, 111., , 19—. 

To , 

Township Treasurer of Township , Range , County: 

Dear Sir: You will find below a statement of the amount of money 
apportioned to you from the distribution of the State Fund for the cur- 
rent year for township , range , in said county. And also for 

comparison similar items for the year 19 — . 

County Superintendent of Schools. 

19—. 
Enumeration. Rate per minor. Amount paid, . 

19—. 
Enumeration. Rate per minor. Amount due, . 



COUNTY SUPEEINTENDENTS. 33 

FOEM OF KECEIPT. 

, 19—. 

Received of , county superintendent of county, the sum 

of dollars, being the amount apportioned by said county superin- 
tendent to township. No. , range , for the year 19 — . 

Township Treasurer. 

No portion of the school fund should be paid to the township treas- 
urer until he files his bond; and a school commissioner (or county su- 
perintendent under the present law) may properly refuse to pay money 
to such treasurer, whose bond has not been so filed. 
Pace et al. v. The People, 47 111, 321. 

Note. — The basis of the apportionment mentioned in this section is 
the number of children under twenty-one years of age, as shown by 
the last school census, 

§ 21. The county superintendent may loan any money, not in- 
terest, belonging to the county fund, or to any township fund, be- 
fore the same is called for, according to law, by the township 
treasurer, at the same rate of interest, upon the same security and 
for the same length of time as is provided by this act in relation 
to the township treasurers, and apportion the interest as provided 
in the preceding section; and notes and mortgages taken in the 
name of the "county superintendent" of the proper county are 
hereby declared to be as valid as if taken in the napie of "trustees 
of schools" of the proper township, and suits may be brought in 
the name of "county superintendents" on all notes and mortgages 
heretofore or hereafter made payable to the county superintend- 
ents. 

FOEM OF NOTE TO COUNTY SUPEEINTENDENT. 
$ . , 19—, 

after date, for value received, we jointly and severally promise 

to pay to , county superintendent of schools of county, or 

to his successor in office, the sum of dollars, with interest at the 

rate of — — per cent, per annum, payable annually after date until paid. 

And we further agree to give any additional security which said 
county superintendent, or his successor in office, may at any time re- 
quire; and no extension of the time of payment, with or without our 
knowledge, by receipt of interest or otherwise, shall release us, or either 
of us, from our obligation to pay this note. 



For form of mortgage to county superintendent, see section 7, arti- 
cle IV, with necessary changes. 

8 



34 GENERAL SCHOOL LAW. 

§ 22. In all controversies arising under the school law, the 
opinion and advice of the county superintendent shall first be 
sought, whence appeal may be taken to the State Superintend- 
ent of Public Instruction upon a written statement of facts cer- 
tified by the county superintendent. 

This section gives the county superintendent original jurisdiction in 
the matters mentioned in clause 13. section 4, article I of the School 
Law. 

FOEM OF CEETIFICATE IN APPEAL CASES. 

OflSice of County Superintendent of Schools 

of County. 

, 19—. 

To ' — , State Superintendent of Public Instruction: 

Herewith I transmit to you a written statement of facts involved in 
the controversy between and , together with the docu- 
ments presented to me in connection therewith and my decision in said 
controversy, from which decision an appeal has been taken to the State 
Superintendent of Public Instruction. And I hereby certify that said 
written statement of facts is full and correct. 

County Superintendent of Schools for County. 

§ 23. The county superintendent, upon his removal or resig- 
nation, or at the expiration of his term of office, (or in case of his 
death, his representatives,) shall deliver over to his successor in 
office, on demand, all moneys, books, papers and personal prop- 
erty belonging to the office or subject to the control or disposition 
of the county superintendent. 

Under section 216 of the Criminal Code (ch. 38, R. S.), a failure to 
comply with this provision may subject the offender to the penalty of 
imprisonment in the penitentiary from one to five years. 



TOWNSHIP TRUSTEES OF SCHOOLS. 



35 



Article III. 



TOWNSHIP TRUSTEES OF SCHOOLS. 



1. 


School township. 




2. 


Fractional township con- 






solidated. 


§23. 


3. 


School business of the town- 
ship. 




4. 


Trustees a body politic. 


24. 


5. 


Annual election. 


25. 


6. 


Term of office. 




7. 


Age, residence and eligi- 
bility. 


26. 


8. 


Notice of election, and form 
of election notice. 


27. 


9. 


Election in certain cases to 
be held on any Saturday, 
and notice to be given by 


28. 




county clerk. 


29. 


10. 


Trustees draw lots for their 






terms of office in certain 


30. 




cases. 




11. 


Judges of election. 




12. 


Qualification of voters. 


31. 


13. 


Conduct of elections; con- 






testing elections; polls 


32. 




may be closed at 4 p. m. 




14. 


Judges may postpone elec- 
tion. 


33. 


15. 


County superintendent to 
order election. 


34. 


16. 


Vacancies. 




17. 


Tie at an election. 




18. 


More than one polling 
place; canvassing the re- 
turns and making out a 


35. 




certificate. 


36. 


19. 


Election when township is 
same as town. 


37. 


20. 


Poll book; failure to deliver 
the same. 


38. 


21. 


County clerks to furnish list 






of trustees elected at 


39. 




town meetings. 




22. 


Organization ; app ointment 


40. 



of president and treas- 
urer. 

Term of office of president 
and treasurer; their re- 
moval. 

Record of proceedings. 

Meetings of trustees and 
quorum. 

Distribution to districts; 
basis of the same. 

Funds placed to the credit 
of districts. 

Report to county superin- 
tendent; items; forfeiture 
for failure to report. 

Separate enumeration; sta- 
tistics not divisible. 

Examination of township 
treasurer's books, etc., by 
trustees. 

Gifts, grants, etc.; title of 
school houses. 

Sale of school house; form 
of notice of sale. 

Conveyance of real estate; 
how made. 

Township treasurer custo- 
dian of bonds; power to 
remove or sue that offi- 
cial. 

Power to purchase real es- 
tate in satisfaction of 
judgments. 

Power to make settlements. 

Power to lease land, or sell 
at public auction. 

Township high school, and 
form of notice for high 
school election. 

Ballots for high school elec- 
tion. 

Election for members ot 



36 



GENERAL SCHOOL LAW, 



§41. 



42. 



43. 

44. 

45. 

46. 

47. 

48. 
49. 



50. 



townsliip board of educa- 
tion; term of office; va- 
cancies ; organization of 
the board, and establish- 
ment of the school. 

Powers of township board 
of education. 

Two or more townships, or 
two or more school dis- 
tricts, may join in estab- 
lishing a high school; 
certain high school dis- 
tricts legalized. 

Discontinuance of township 
high school. 

Canvass of ballots and dis- 
position of assets. 

Interest in school books; 
penalties. 

Districts in newly organ- 
ized townships. 

Changes in district bound- 
aries. 

Who may petition. 

Districts having less than 
100,000 inhabitants, even 
under special charter, 
may vote to change 
boundaries. 

Filing of the petition; no- 
tice to the districts, and 
form of notice. 



§51. 

52. 
53. 
54. 
55. 



56. 

57. 

58. 
59. 

60. 
61. 
62. 



63. 
64. 
65. 



66. 
67. 

68. 

69. 



Territory lying in two or 
more townships. 

Adjournment of the board. 

Acting upon the petition. 

Appeal and form of notice. 

Clerks transmit papers to 
the county superintend- 
ent. 

Appeal in case of territory 

divided by county lines. 
Filing map and list of tax- 
payers. 

District with a bonded debt. 

Election in new districts, 
and form of notice. 

Conduct of election. 

Organization of board. 

Election in districts organ- 
ized by action of the 
county superintendent. 

Distribution of funds. 

Appraisement of property. 

Liability of trustees in ref- 
erence to distribution of 
funds. 

Liability of clerk. 

District failing to have 
school for two years. 

Dissolution of union dis- 
trict. 

Successors to trustees of 
school lands. 



Section i. Each congressional township is hereby estabHshed 
a township for school purposes. 

The term "school township" must be held to mean and include a 
congressional township. By no principle of construction can a dif- 
ferent meaning be held. 

Trustees v. The People ex rel. Updike, 161 111. 151, affirming 61 
111. App. 131. 
The distinction between the municipal townships established for gov- 
ernmental purposes in counties under township organization and the 
school townships created under preceding school laws was observed by 
the supreme court in holding that the legislature may unite or divide 
townships and their school funds at discretion. 
Greenleaf v. Trustees, 22 111. 236. 
Under one of the early school laws of Illinois, an incorporated town- 
ship for common school purposes was held to be a quasi-public cor- 
poration. 

Bush V. Shipman, 5 111. 186. 



TOWNSHIP TRUSTEES OF SCHOOLS. 37 

Referring to boards of trustees created under the laws of 1847 and 
prior acts, the court held that these were all municipal corporations, 
created for school purposes, and the judgment referred to in the case 
and other property vested in them was public property for the use 
of schools. 

Trustees of Schools y. Douglas, 17 111. 210. 
Where a township is divided by act of the legislature, and a part of 
its territory is annexed to another township, the remaining portion will 
retain all the school fund property of the original township, unless 
other disposition has been made by the terms of the division. 
People ex rel. Richberg v. Trustees, 86 111. 615. 
The statute now in force provides for the division of school and 
municipal property whenever the whole or any part of one municipality 
is annexed to another. 

Kurd's R. S.. ch. 24. 
School townships under this section, being created and continued 
only for educational purposes, and not for the purpose of exercising 
any of the functions of government, are not municipal corporations in 
their nature and purposes. 

People ex rel. C. & St. L. R. R. Co. v. Trustees, 78 111. 136. 
Under former statutes, it has been held that a congressional town- 
ship was a corporation for school purposes only, 1. e., a quasi-public 
corporation. 

Weightman v. Clark, 103 U. S. 256. 
Under the law of 1849, the trustees of schools formed a quasi-munici- 
pal corporation, and a statute from which they derive their powers will 
be subject to the same rules of interpretation as are applied in case of 
other municipal corporations. 

Seeger v. Mueller, 133 111. 86. 

§ 2. Whenever any fractional township contains less than two 
hundred (200) persons under twenty-one years of age, the trustees 
thereof, upon petition of a majority of the adult inhabitants of 
such fractional township, may, by written agreement entered into 
with the board of trustees of any adjacent township, consolidate 
the territory, school funds and other property of such fractional 
township with such adjacent township, and thereafter shall cease 
to exercise the functions of school trustees for such fractional 
township; and such territory, school funds and other property, 
aforesaid, shall thereafter be managed by the board of trustees 
of such adjacent and consolidated township in accordance with 
the terms of agreement aforesaid, in the same manner as is, or 
may be, provided by law, for the management of territory, funds 
and other property of school townships : Provided, that the said 
written agreement shall only be signed by a majority of the said 



38 GENERAL SCHOOL LAW. 

trustees, and filed for record by the said trustees in the office of 
the county clerk of the county in which such consolidated town- 
ship, or greater part thereof, is situated. [As amended June 21, 

1895-] 

The legislature may unite or divide townships and their school funds 
at discretion. 

Greenleaf v. Trustees, 22 111. 236. 

§ 3. The school business of the township shall be done by 
three trustees, to be elected by the legal voters of the township, 
as hereinafter provided for. 

The proceeds of a bequest to the citizens of a certain school district 
"to be added to the principal of the school fund" of such district, are 
properly in the custody of the township trustees. A court of equity will 
not exercise its power by appointing special trustees to take charge of 
a trust and administer it, when it appears that it is already being prop- 
erly administered. 

Myers v. Trustees of Schools, 21 111. App. 223. 

The duties of the board of trustees, as prescribed by law, are designed 
not only to protect and guard a public fund, but include a supervisory 
power and right and a duty in reference to the treasurer's manage- 
ment of that fund. 

Trustees v. Southard, 31 111. App. 363. 
Two of the board of trustees of schools, where they concur in opinion, 
may legally perform any act which the board is authorized to do. 
Schofield V. Watkins, 22 111. 66. 
Township trustees are public officers, vested with the power to de- 
termine to what district school money shall belong. Directors of a 
district to whom the trustees have ordered school funds to be paid can- 
not refuse to receive it, and do not become liable in an action brought 
by another district to recover the same. The action, if any, should be 
against the township trustees. 

School Directors of Dist. No. 5 v. School Directors of Dist. No. 1, 
36 111. 140. 
School officers derive all their authority from the statute, and can 
exercise no power not granted; they must be governed strictly by the 
statute. 

Potter V. School Trustees, 10 Brad. 343. 
Township trustees of schools represent the public in respect to all 
matters entrusted to them by law, and their action within the limits 
of their authority is binding upon the public, provided such acts are in 
conformity with the law. 

School Directors of Union Dist. v. School Directors of New Union 
Dist, 135 111. 464. 

§ 4. Sgid trustees shall be a body politic and corporate, by the 
name and style of "trustees of schools of township No. , 



TOWNSHIP TEUSTEES OF SCHOOLS. 39 

range No. ," according to the number. The said corporation 

shall have perpetual existence, shall have power to sue and be 
sued, to plead and be impleaded, in all courts and places where 
judicial proceedings are had. 

The school trustees of townships are the proper parties to bring suit 
in their corporate name, in relation to school lands. 
Moore v. School Trustees, 19 111. 82. 
Suit upon the bond of a collector to recover school taxes levied by 
the school directors and collected, is properly brought in the name of 
the People of the State of Illinois, for use of the trustees of schools 
of the township. 

Tappan v. The People, 67 111. 339. 
School corporations, as the trustees of school property, are wholly 
within the control of the General Assembly, and may be changed at its 
pleasure. 

McGurn v. Board of Education, 133 111. 145. 

An incorporated township for common school purposes is a quasi- 
public corporation; and the legislature has an unquestionable right to 
change, modify, enlarge, restrain or destroy such corporation. 
Bush V. Shipman, 5 111. 186. 

Trustees of schools are public corporations, to be controlled and regu- 
lated by the legislature. 

Trustees v. Tatman, 13 111. 28. 

School trustees of a township constitute a quasi-corporation. They 
are only intended to establish schools and loan and manage the school 
fund of the township and pay the teachers of schools in their jurisdic- 
tion. They were not created to exercise any of the functions of govern- 
ment, and hence are not municipal in their nature and purpose. 
People ex rel. C. & St. L. R. R. Co. v. Trustees, 78 111. 138. 

The township trustees of schools are agencies of the State. The 
State has never granted irrevocably the title to the school property and 
fund to any body of persons. It has created corporate bodies to handle 
and control the fund for the use of the people, but has not parted with 
the power to control the fund in any mode the legislature may choose, 
for the use of schools. The State is virtually a trustee of the fund, and 
the municipalities and officers are but the agencies employed by the 
State in executing the trust. 

City of Chicago v. The People, 80 111. 384. 

A bond made to the "Board of Trustees of Township No. 5," etc., may 
be sued on in the name of the "Trustees of Schools of Township No. 5," 
etc., and the variance between the instrument sued on and the one 
offered in evidence is immaterial. 

Trustees of Schools v. Rodgers, 7 111. App. 33. 

§ 5. The election of trustees of schools shall be on the second 
Saturday in April, annually. 



40 GENEPAL SCHOOL LAW. 

Under former law, the postponement of an election of school trustees 
was wrong. If within the time required by law a sufficient number 
of qualified voters organized and held an election, the person so 
elected would hold his office. Poll book is admissible to prove election. 
People V. Brewer, 20 111. 474. 
The act in force July 1, 1891, known as the "Australian Ballot Law," 
does not apply to school elections. 
People V. Cowden, 160 111. 557. 
The election laws governing political elections have no application to 
the election of school trustees in the village of Cahokia. 
Bernier v. Russell, 89 111. 60. 

, § 6. At the first regular election of trustees, after the passage 
of this act, a successor to the trustee whose term of office then ex- 
pires shall be elected, and thereafter one trustee shall be elected 
annually. Said trustees shall continue in office three years, and 
until their successors are elected and enter upon the duties of their 
office. 

§ 7. No person shall be eligible to the office of trustee of 
schools unless twenty-one years of age, and a resident of the town- 
ship. And where there are three or more school districts in any 
township, no two trustees shall reside, when elected, in the same 
school district, nor shall a person be eligible to the office of trustee 
of schools and school director at the same time. 

Taking and subscribing the oath to support the constitution of the 
United States and the constitution of the State of Illinois is an essential 
and necessary qualification for holding the ofiBce of trustee of schools, 
and without it the title to the office fails. 

Simons v. The People, 18 111. App. 588. 

It is held by the State Superintendent that a trustee does not vacate 
his office by moving after his election into a district where another 
trustee resides; also that a teacher or a borrower from the school fund 
is eligible. 

Bateman's Common School Decisions, p. 47. 

§ 8. Notice of the election of school trustee shall be given by 
the township treasurer, upon the order of the trustees of schools, 
by posting notices of such election at least ten days previous to 
the time of such election in not less than five of the most public 
places in said township, which notices shall specify the time and 
place of election and the object thereof, and may be in the fol- 
lowing form, viz. : 

Public notice is hereby given that on Saturday, the day of 

April, A. D. , an election will be held at , between the 



TOWNSHIP TRUSTEES OF SCHOOLS. 41 

hours of and of said day, for the purpose of electing 

school trustee for township No. , range No. . By- 
order of the board of trustees of said township. 

(Signed) , Township Treasurer, 

"In computing the time for whichi any notice is to be given, whether 
required by law, order of court, or contract, the first day shall be ex- 
cluded and the last included, unless the last day is Sunday, and then it 
also shall be excluded." 

Ch. 100, sec. 6, R. S. 
Gordon v. The People, 154 111. 667. 
Ordinarily the law does not take notice of fractions of a day. 
Baldwin v. McClelland, 50 111. App. 658. 

§ g. In townships where no election for school trustees has 
heretofore been held, or in townships where, from any cause, 
there are no trustees of schools, the election of trustees of schools 
may be holden on any Saturday, notice thereof being given as re- 
quired by section 8 of this article. The first election in such town- 
ship shall be ordered by the county clerk of the county, who shall 
cause notice to be given as aforesaid. 

This section is not repealed by the act of 1891, providing for the 
printing and distribution of ballots, commonly called the Australian 
Ballot Law. 

Rankin v. Cowden, 66 111. App. 139. 

§ lo. In case of an election held, as required by the preceding 
section, the trustees elected, at their first meeting, shall draw lots 
for their respective terms of office for one, two and three years; 
and thereafter one trustee shall be elected annually, at the usual 
time for electing trustees, to fill the vacancy occurring. At all 
elections after said first election, the said notice shall be given by 
the trustees of schools, through the township treasurer, as in other 
elections for trustees. 

§ II. The trustees of schools of incorporated townships pres- 
ent shall act as judges, and choose a person to act as clerk of said 
election. If the trustees (or any of them) shall fail to attend, or 
refuse to act when present, the legal voters present shall choose 
from their own number such additional judges as may be neces- 
sary. In any township lying within the limits of a city, village or 
incorporated town, which has adopted the provisions of "An act 
regulating the holding of elections, and declaring the result thereof 
in cities, villages and incorporated towns in this State," approved 
June 19, 1885, the said election shall be held under the provis- 
ions of said act. In unincorporated townships, the qualified voters 



42 GENERAL SCHOOL LAW. 

present shall choose, from amongst themselves, the number of 
judges required to open and conduct said election, 

§ 12. No person shall vote at any school election held under 
the provisions of this act, unless he possesses the qualifications of 
a voter at a general election. 

The qiialifications of a voter at a general election are fixed by the con- 
stitution and hy statute. 

Art. VII, sec. 1, Appendix D. 
Ch. 46, sec. 65, R. S. 
A party who leaves this State, without any settled intention of acquir- 
ing a residence elsewhere, but only with a conditional intention of so 
doing, does not lose his residence here, so long as that intention re- 
mains conditional. 

Wilkins v. Marshall, 80 111. 74. 
Where a person about two months before an election sells out his 
property and starts with his family for Texas, with the intention of lo- 
cating there if he can find a place to suit him, but upon arriving there 
he returns, without unloading his goods, to his former election pre- 
cinct, he will not thereby lose his residence and right to vote. 
City of Beardstown v. City of Virginia, 81 111. 541. 
Resident does not lose his right of suffrage by becoming a pauper. 

Dale V. Irwin, 78 111. 170. 
Pauper sent to county poor house does not acquire right to vote in 
that township. 

Clark V. Robinson, 88 111. 498. 
The undergraduates of a college, who are free from parental control 
and regard the place where the college is situated as their home, hav- 
ing no other to which to return in case of sickness or domestic afflic- 
tion, are as much entitled to vote as any other resident of the town, 
pursuing his usual avocation. 
Dale V. Irwin, 78 111. 171. 
The fact that a citizen and legal voter of this State, while temporarily 
engaged in business in another State, voted at some election there 
without right, will not deprive him of his right to vote in this State. 
O'Hair v. Wilson, 124 111. 351. 
Abandonment of a residence is instantaneous, and if it be by a voter 
of a residence in one voting district at a date too near the election for 
the requisite intervening time of residence to be a voter in another vot- 
ing district, to which he has removed, the voter will be entitled to vote 
in neither district. A man cannot be entitled to vote at one time in 
either of two places, as he shall elect. 

Kreitz v. Behrensmeyer, 125 111. 142. 
A permanent abode in the sense of the statute in regard to elections 
means nothing more than a domicile, a home, which the party is at 
liberty to leave temporarily as interest or whim may dictate. It is not 
required that the elector shall continuously remain at his residence, 
and his absence may be long or short, or for definite or indefinite 



TOWNSHIP TRUSTEES OF SCHOOLS. 43 

periods, and lie does not thereby necessarily lose his residence or his 
right to vote. 

Moffett V. Hill, 131 111. 239. 
A domicile once gained remains until a new one is acquired, and a 
man may acquire a domicile or residence if he he personally present 
at a place and elect that as his home. But a man cannot have two or 
more "permanent abodes" or residences in the sense of the constitu- 
tion and the statute, in different jurisdictions, at one and the same 
time. 

Behrensmeyer v. Kreitz, 135 111. 594. 
A voter of migratory character, having a fondness for moving across 
the State line from one State to another, without the intention of 
abandoning his residence in Illinois, does not thereby lose his right to 
vote. 

Carter v. Putnam, 141 111. 139. 

A vote cast by a foreign-born woman, whose husband was never 
naturalized, and who has not been naturalized herself, is illegal. 
Women must possess the qualifications of residence, naturalization and 
age to vote at school elections. 

Collier v. Anlicker, 189 111. 34. 
A temporary settlement of a voter for the purpose of voting does not 
supply the essential qualification of residence. 
Sorenson v. Sorenson, 189 111. 182. 
Under the Revised Statutes of the United States, every woman who 
might lawfully be naturalized becomes a citizen by virtue of her mar- 
riage with a citizen of the United States. 
Dorsey v. Brigham, 177 111. 250. 

§ 13. The time and manner of opening, conducting and closing 
said election, and the several liabilities appertaining to the judges 
and clerks and to the voters, separately and collectively, and the 
manner of contesting said election, shall be the same as prescribed 
by the general election laws of this State defining the manner of 
electing magistrates and constables, so far as applicable, subject to 
the provisions of this act : Provided, that said election may com- 
mence, if so specified in the notice, at any hour between the hours 
of eight (8) o'clock a. m., and one (i) o'clock p. m., and the 
judges may close such election at four (4) o'clock p. m. 

A judge of an election violates his ofiicial duty when he allows the 
exercise of the elective franchise by one whose right he suspects or 
whose vote is challenged, without tendering the oath prescribed by stat- 
ute. 

Spragins v. Houghton, 2 Scam. 377. 
In contested elections, the intention of the voters in casting their 
ballots should control; and effect must be given to that intention. 
The People v. Matteson, 17 111. 167. 



44 GENEKAL SCHOOL LAW. 

A mere irregularity in conducting an election, which does not de- 
prive any voter of his franchise or allow an illegal vote, or change the 
result, will not vitiate. 

Piatt V. The People, 29 111. 54. 
The above section of the statute prescribes a mode of contesting 
the election of trustees of schools, as well as other oflBcers; the mode 
thus prescribed is exclusive, and the contest cannot be made by quo 
warranto. 

Simons v. The People, 18 111. App. 588. 
A proceeding by quo warranto is not, strictly speaking, an election 
contest between two persons claiming the same office. Such proceed- 
ing only determines that the person holding the office is or is not a 
usurper. It does not adjudge the right to the office in any one. 
Snowball v. The People, 147 111. 260. 

§ 14. If, Upon any day appointed for the election of trustees of 
schools, the said trustees of schools or judges shall be of opinion 
that, on account of the small attendance of voters, the public good 
requires it, or if a majority of the voters present shall desire it, 
they shall postpone said election until the next Saturday, at the 
same place and hour, at which time and meeting the voters shall 
proceed as if it were not a postponed or adjourned meeting: Pro- 
vided, that if notice shall not have been given of such election, as 
required by section 8 of this article, then and in that case said 
election may be ordered as aforesaid, and holden on any other 
Saturday, notice thereof being given as aforesaid. 

§ 15. If the township treasurer shall fail or refuse to give no- 
tice of the regular election of trustees, as required by said sec- 
tion 8 of this article, and if, in case of a vacancy, the remaining 
trustee or trustees shall fail or refuse to order an election to fill 
such vacancy, as required by section 16 of this article, then, and in 
each of such cases, it shall be the duty of the county superintend- 
ent to order an election of trustees to fill such vacancies as afore- 
said, and all elections so ordered and held shall be valid to all in- 
tents and purposes whatever. 

§ 16. When a vacancy or vacancies shall occur in the board of 
trustees of schools, the remaining trustee or trustees shall order 
an election to fill such vacancy, upon any Saturday, notice to be 
given as required by said section 8 of this article. 

§ 17. In case of a tie vote at any election of trustees of schools, 
the election shall be determined by lot, on the day of the election, 
by judges thereof. 

§ 18. In townships where, for general elections, there are more 
than two (2) polling places, the trustees shall give notice that 



TOWNSHIP TRUSTEES OF SCHOOLS. 4:5 

polls will be Opened for such elections in at least two places; in 
which case at least one of said trustees shall attend at each of said 
places, and additional judges shall be chosen as provided in sec- 
tion eleven (ii) of this article: Provided, there shall be at least 
one polling place for each eight hundred legal voters in said town- 
ship. Should the polling places be in excess of the number of 
trustees, then the voters at such polling places so in excess shall 
select from their number the requisite number of voters, who 
shall act as judges of said election in the manner provided by said 
section eleven (ii) for the election of trustees in unincorporated 
townships. Said judges shall return the ballots and original poll- 
books, with a certificate thereon, showing the result of the election 
in said precinct, to the township treasurer of the township in 
which said election shall be held, whereupon it shall be the duty of 
the board of trustees of said township, within five days after said 
election, to meet and to canvass the returns from each precinct, 
to make out a certificate showing the number of votes cast for each 
person in each precinct, and in the whole township, and shall file 
said certificate with the county superintendent of schools as other- 
wise provided by law. 

§ 19. In counties adopting township organization, in each and 
every township whose boundaries coincide and are identical with 
those of the. town, as established under the township organiza- 
tion laws, the trustee or trustees shall be elected at the same time 
and in the same manner as the town officers. In all such town- 
ships, if no trustees are elected at the stated town meeting, and 
when vacancies occur in the board, an election of trustee or trus- 
tees shall be ordered by the remaining trustee or trustees of 
schools, through the township treasurer, as provided for in sec- 
tion nine (9) of this article. 

Section 1 of the Australian Ballot Act, which provides that trustees 
of schools may be elected "at the same time and in the same manner 
as the town officers," does not repeal the provisions of above section, 
but if the election of trustees of schools be held under the school law, 
the Australian Ballot Act does not apply, while it does apply if such 
trustees be elected at the same time as township officers. 
People v. Brown, 189 111. 619. 

§ 20. Upon the election of trustees of schools, the judges of the 
election shall, within ten (10) days thereafter, cause a copy of 
the poll-book of said election to be delivered to the county super- 



46 



GENERAL SCHOOL LAW. 



intendent of the county, with a certificate thereon showing the 
election of said trustees and the names of the persons elected ; 
which copy of the poll-book, with the certificate, shall be filed by 
said superintendent, and shall be evidence of such election. For 
a failure to deliver said copy of the poll-book and certificate within 
the time prescribed, the judges shall be liable to a penalty of not 
less than twenty-five dollars ($25) nor more than one hundred 
dollars ($100), to be recovered in the name of the People of the 
State of Illinois, by action of assumpsit, before any justice of the 
peace of the county, which penalty when collected, shall be added 
to the township school fund in the township. 



FOEM OF POLL-BOOK AT ELECTION OF TRUSTEES. 

Poll-book 

Of an election held at , in township No. , range No. , of the 

P. M., in county, Illinois, on Saturday, the day of , 

19 — , for the purpose of electing a school trustee (or trustees) for said 
township No. , range No. , 



[ss. Judges' and clerk's oath. 



State of Illinois, 
County of . 

We, , and , judges, and , clerk 

of said election, do solemnly swear (or aflBrm) that we will support 
the constitution of the United States and the constitution of the State 
of Illinois, and that we will faithfully discharge the duties of the office 
of judges and clerk of election, according to the best of our ability. 



Judges of Election. 



Subscribed and sworn to before me this 



Clerk of Election, 
day of , 19—. 



Number of 
vote. 


Names of voters. 


Number of 
vote. 


Names of voters. 



























T0"V7NSHIP TRUSTEES OF SCHOOLS. 
SXJMMABT OF VOTES CAST. 



4:7 



State of Illinois, \ 
County of . J^^' 

At an election lield on tlie day of , 19 — , at , in town- 

sMp No. , range No. , in county, Illinois, tlie following 

named persons received the number of votes set opposite their respective 
names for the oflBce of school trustee of said township: 



Name of Person Voted For. 



"Whole Number of Votes Cast for 
Each Person. 



Eeceived 
Eeceived 



CEETIFICATE OF THE EESULT OF ELECTION. 

We, the undersigned, do hereby certify that the foregoing is a cor- 
rect summary of the votes cast at said election for school trustee of 
said township, and that elected such trustee. 



Judges of Election. 



Clerk of Election. 



Under this section, the county superintendent is made the depositary 
of the poll-book, which is evidence of the election. If the poll-book 
should be lost, the fact of the election may be proved by other evi- 
dence. 

§ 21. When school trustees are elected at town meetings, as 
provided in section nineteen (19) of this article, it shall be the 
duty of the county clerk, as soon as the list of the names of officers 
elected at the town meetings is filed with him, to give the county 
superintendent a list of the names of all school trustees elected at 
the town meetings of the county, and of the towns for which they 
are elected. 

§ 22. Within ten days after the annual election of trustees, the 
board shall organize by appointing one of their number president, 
and some person who shall not be a director or trustee, but who 
shall be a resident of the township, treasurer, if there be a vacancy 
in this office, who shall be ex officio clerk of the board. 



48 GENERAL SCHOOL LAW. 

Townsliip treasurers are inferior oflScers, wlio may be exempted from 
taking the oath of office required by section 25 of article V of the consti- 
tution, and they have been so exempted by the legislature not re- 
quiring such oath in prescribing the prerequisites to their right to per- 
form their official duties. 

School Directors v. The People ex rel. Roberts, 79 111. 511. 

The appointment of a treasurer by the school trustees is a removal 
of the prior officer. 

Holbrook v. Trustees of Schools, 22 111. 539. 
Large discretion should be allowed to trustees of schools in the selec- 
tion of their treasurer, and where an appointment has been made, but 
before the trustees have been notified of an acceptance of the office by 
the appointee, and before his bond has been presented, the trustees may 
rescind their action and make another appointment. 

People V. Trustees of Schools of Town 24, Ogle Co., 42 111. App. 
60. 

§ 23. The president shall hold his office for one year, and the 
treasurer for two years, and until their successors are appointed, 
but either of said ofificers may be removed by the board for good 
and sufficient cause. 

§ 24. It shall be the duty of the president to preside at all meet- 
ings of the board ; and it shall be the duty of the clerk to be pres- 
ent at all meetings of the board, and to record in a book to be pro- 
vided for the purpose all of their official proceedings, which book 
shall be a public record, open to the inspection of any person in- 
terested therein. All of ^id proceedings when recorded shall be 
signed by the president and clerk. If the president or clerk shall 
be absent or refuse to perform any of the duties of his office at any 
meeting of the board, a president or clerk pro tern may be ap- 
pointed. 

§ 25. It shall be the duty of the board of trustees to hold reg- 
ular semi-annual meetings on the first Mondays of April and Oc- 
tober, and special meetings may be held at such other times as they 
think proper. Special meetings of the board may be called by the 
president or any tv/o members thereof. At all meetings two mem- 
bers shall be a quorum for business. 

NOTICE -OP SPECIAL MEETING OF TEtTSTEES. 

To (Name of Trustee) : 

You are hereby notified that there will be a special meeting of the 

trustees of schools of township , range , at , on the 

day of , 19 — , at the hour of o'clock — M., for the purpose of:' 



TOWNSHIP TRUSTEES OE SCHOOLS. 49 

considering the following matters, to wit: (here insert statement of 
business to be considered.) 

Dated , 19—. 

, President. 

The record of the official action of a board of school trustees may be 
amended so as to correspond with the facts, in a case where action was 
taken originally but by reason of some accident, oversight or other 
cause, the clerk has omitted the same from the record of the proceed- 
ings of the board. 

Board of Education of Glencoe v. Trustees of Schools, 74 111. 
App. 401. 
Under the present school law, directors have no power to make a 
contract employing a teacher, except at a regular or special meeting of 
the board of trustees, held as required by law. 

School Directors v. Jennings, 10 111. App. 643. 
Stewart v. School Directors, 24 111. App. 229. 
Two members constitute a quorum of the board of trustees, and 
where they concur in opinion may legally perform any act which the 
board is authorized to do. Their acts will be held valid until vacated, by 
certiorari or some other direct proceeding. 
Schofield V. Watkins, 22 111. 66. 

§ 26. At the regular semi-annual meetings on the first Mon- 
days of April and October, the trustees shall ascertain the amount 
of State, county and township funds on hand and subject to dis- 
tribution, and shall apportion the same as follows : 

First — Whatever sum may be due for the compensation and the 
books of the treasurer, and such sum as may be deenied reason- 
able and necessary for dividing school lands, making plats, etc. 

Second — And the remainder of such funds shall be divided 
among the districts, or fractions of districts, in which schools have 
been kept in accordance with the provisions of this act and the in- 
structions of the State and .county superintendents during the pre- 
ceding year ending June 30, in proportion to the number of chil- 
dren under twenty-one (21) years of age in each. 

Schools kept "in accordance with the provisions of this act" must 
comply with the following requirements, to-wit: 

1. The session must be at least one hundred and ten days of actual 
teaching in each year, without reduction by reason of closing schools 
on legal holidays or for any other cause. 

Art. V, sec. 26, cl. 5, School Law. 

2. The teacher must have a certificate of qualification Issued as re- 
quired by law for the full term. 

Art. VII, sec. 5, School Law. 
4 



50 GENERAL SCHOOL LAW. 

3. The school must be established for instruction in the branches 
required and allowed by law. 

Art. "VII, sec. 6, School Law. 

4. It must not be sectarian. 

Art. XV, sec. 12, School Law. 

§ 2"^. The funds thus apportioned shall be placed on the books 
of the treasurer to the credit of the respective districts, and th6 
same shall be paid out by the treasurer on the legal orders of the 
directors of the proper districts in the same manner as other funds 
of the district are paid out. 

Under a former law it was held that the trustees of school townships 
who failed to make a biennial report required by law caused their town- 
ship to forfeit its portion of the public fund for the next ensuing year. 
Pace et al. v. The People, 47 111. 321. 

§ 28. The board of trustees of each township in this State shall 
prepare, or cause to be prepared, by the township treasurer, the 
clerk of the board, the directors of the several districts, or other 
person, and forwarded to the county superintendent of the county 
in which the township lies, on or before the 15th day of July, pre- 
ceding each regular session of the General Assembly of this State, 
and at such other times as may be required by the county superin- 
tendent, or by the State Superintendent of Public instruction, a 
statement exhibiting the condition of schools in their respective 
townships for the preceding biennial period, giving separately each 
year, commencing on the first day of July and ending on the last 
of June, which statement shall be as follows : 

First — The whole number of schools which have been taught in 
each year; what part of said number have been taught by males 
exclusively; what part have been taught by females exclusively; 
what part of said whole number have been taught by males and 
females at the same time, and what part by males and females at 
different periods. 

Second — The whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 

Third — The number of male and female teachers, giving each 
separately; the highest, lowest, and average monthly compensa- 
tion paid to male and female teachers, giving each item separately. 

Fourth — The number of persons under twenty-one years of age, 
making a separate enumeration of those above the age of twelve 
years who are unable to read and write, and the cause or causes of 
the neglect to educate them. 



TOWNSHIP TRUSTEES OF SCHOOLS. 51 

Fifth — The amount of the principal of the township fund; the 
amount of interest of the township fund paid into the township 
treasury ; the amount raised by ad valorem tax and the amount of 
such tax received into the township treasury, and the amount of 
all other funds received into the township treasury. 

Sixth — Amount paid for teachers' wages ; the amount paid for 
school house lots; the amount paid for building, repairing, pur- 
chasing, renting and furnishing school houses; the amount paid 
for school apparatus, for books and other incidental expenses for 
the use of school libraries ; the amount paid as compensation to 
township officers and others. 

Seventh — The whole amount of the receipts and expenditures 
for school purposes, together with such other statistics and in- 
formation in regard to schools as the State Superintendent or 
county superintendent may require. And any township from 
which such report is not received in the manner and time required 
by law, shall forfeit its portion of the public fund for the next en- 
suing year : Provided, that upon the recommendation of the county 
superintendent, or for good and sufficient reasons, the State Su- 
perintendent may remit such forfeiture. 

This report should be made on blank forms furnished by the county- 
superintendent. 

§ 29. In all cases where a township is, or shall be divided by a 
county line or lines, the board of trustees of such township shall 
make or cause to be made separate enumerations of male and fe- 
male persons of the ages as directed by section 28 of this article, 
designating separately the number residing in each of the coun- 
ties in which such township may lie, and forward each respective 
number to the proper county superintendent of each of said coun- 
ties ; and in like manner, as far as practicable, all other statistics 
and information enumerated and required to be reported in the 
aforesaid section, shall be separately reported to the several county 
superintendents ; and all such parts of said statistical information 
as are not susceptible of division and are impracticable to be re- 
ported separately, shall be reported to the county superintendent 
of the county in which the sixteenth section of such township is 
situated. 

§ 30. At each semi-annual meeting, and at such other meetings 
as they may think proper, the said township board shall examine 



52 GENEEAL SCHOOL LAW. 

all books, notes, mortgages, securities, papers, moneys and effects 
of the corporation, and the accounts and vouchers of the township 
treasurer, or other township school ofhcer, and shall make such 
order thereon for their security, preservation, collection, correc- 
tion of errors, if any, and for their proper management, as may 
seem to said board necessary. 

§ 31. The trustees of schools in each township in the State may 
receive any gift, grant, donation or devise made for the use of any 
school or schools, or library, or other school purposes within their 
jurisdiction, and they shall be and are hereby invested, in their cor- 
porate capacity, with the title, care and custody of all school houses 
and school house sites : Provided, that the supervision and control 
of such school houses and school house sites shall be vested in the 
board of directors of the district. 

Under the act of February 16, 1865, the trustees of schools in each 
township are invested in their corporate capacity with the legal title 
to school lands, and such board can alone maintain an action for a 
trespass upon such lands while not in the occupancy of any other per- 
son, although such trustees may not themselves be in actual occu- 
pancy of the premises. If the premises were at the time the trespass 
was committed in actual use and occupancy for school purposes, the 
school directors who have the supervision of schools might maintain 
the action. 

Barber v. Trustees of Schools, 51 111. 396, 

By the statute, the trustees of schools are invested in their corporate 
capacity with the title, care and custody of all school houses and school 
house sites within their respective townships. All conveyances of real 
estate are to be made to them in their corporate capacity, and they are 
to sell and convey sites which have become unsuitable, unnecessary or 
inconvenient. School directors are given the control and supervision 
of school houses in their respective districts, and may decide when a 
school house site may become unnecessary, unsuitable or inconvenient. 
They are authorized to agree upon or determine the compensation to 
be paid for a school house site, and, in case of failure to agree, they 
may proceed to have such compensation determined in the manner 
which may be at the time provided by law for the exercise of the right 
of eminent domain, but if they should agree upon the compensation to 
be paid and obtain the conveyance of the real estate for a school-house 
Bite, it would be made to the trustees of schools, and not to them. 

Banks v. School Directors, 194 111. 251. 
A suit to compel a deed for property used as a school-house site can 
be brought only in the name of the school trustees or in the name of 
some taxpayer or other person having a pecuniary interest in the mat- 
ter, by showing that the trustees refuse to perform their duty. The 
school directors cannot bring such suit in their official capacity. 

Wilson V. School Directors, 81 111. 180. 



TOWNSHIP TKUSTEES OF SCHOOLS. 53 

Until a highway to the school house is provided, the children resid- 
ing in the district have a right necessarily to travel over the land of 
another in going to and returning from school, the school house being 
built by and for the public. 

Wilson V. Garrard, 59 111. 51. 

A dedication of land to the public for any public use may be shown 
by grant, by user, or by acts and declarations of the owner, coupled 
with evidence of acceptance by the public. But to be availing, there 
must be evidence of an intention to dedicate. No particular form or 
ceremony is necessary. All that is required is the assenr of the owner 
of the land and the fact of its use for public purposes intended by the 
person who is claimed to have made the dedication. 
Davidson v. Reed, 111 111. 167. 

A donation of land for a site for a school house is a donation to a 
charitable use, and equity will supply all defects in the conveyance. 
Price V. School Directors, 58 111. 452. 

When real estate is conveyed for school purposes and it is so ex- 
pressed in the deed, the land must be so used, and the directors and 
trustees would have no right to sell the land and apply the proceeds 
to school purposes, as in such case, although the proceeds of the land 
would be used for school purposes, the land itself would not. They 
might occupy the land as a school site, or they might hold and rent it 
and apply the rent to the general school purposes of the district. 
Trustees v. Braner, 71 111. 546. 

A school house was erected under an oral agreement with the owner 
of the land on which it was placed that the district should have the 
free use of the land as long as the school house should remain there: 
Held, that the contract was not within the statute of frauds. 
District Township v. Moorehead, 43 la. 466. 

Public school house is exempt from general taxation. 
Ch. 120, sec. 2, R. S. 

Art. IX, sec. 3, Constitution of Illinois, Appendix D. 
Action by a sub-contractor under the lien law to recover a personal 
judgment against the original contractor and the owner of the build- 
ing will not lie against school directors and a contractor for labor or 
materials furnished in the erection of a school house. 
Quinn v. Allen, 85 111. 39. 
A mechanic having a claim against the board of education or school 
directors has no right to file a petition and enforce a specific lien upon 
school property under the mechanic's lien law of the State. 
Thomas v. Board of Education, 71 111. 283. 
The lien given by a statute to a mechanic or material-man for labor 
or materials furnished in the erection of a building does not attach 
against property held for public school purposes. 

Board of Education v. Neidenberger, 78 111. 58. 
Any person who shall furnish material, apparatus, fixtures, machinery 
or labor to any contractor for a public improvement in this State shall 



54 GENERAL SCHOOL LAW. 

have a lien on the money, bonds or warrants due or to become due 
such contractor for such improvement: Provided, etc. 

Ch. 82, sec. 24, R. S. 
A school building is within the meaning of the term "public im- 
provement," as used in section 24 of the mechanic's lien law of 1895, 
and the term "officials of this State, county, township, city or munici- 
pality," also used in said act, includes a school board. 

Spalding Lumber Co. v. Brown, 171 111. 487. 
School directors in actual occupancy of a school house for school pur- 
poses may maintain trespass for the breaking and entering of the 
same by an unauthorized person, although the legal title to the prop- 
erty may be vested in the trustees of schools, and temporary occupation 
of the house by the defendants through devices to obtain possession 
will not take away the right of action in the directors. 

Alderman v. School Directors, 91 111. 179. 
All public buildings now in process of construction or hereafter to 
be built or constructed, including school houses, shall be so built and 
constructed that all doors leading from the main hall or place where 
the pupils assemble shall be so swung upon their hinges that said doors 
shall open outward. 

Ch. Ill, sec. 1, R. S. 
"Whoever wilfully and maliciously or wantonly and without cause 
destroys, defaces, mars or injures any school house or any of the out- 
buildings, fences, wells or appurtenances of such school house shall be 
fined not exceeding five hundred dollars, or confined in the county jail 
not exceeding one year. 

Ch. 38, sec. 196, R. S. 
The wilful interruption or disturbing of any school is subject to a 
3ne not exceeding one hundred dollars. 

Ch. 38, sec. 60, R. S. 

Breaking and entering a school house comes within the definition of 
burglary, as defined by the criminal code of this State. 
Ch. 38, sec. 36, R. S. 

The burning or causing to be burned of any school house is within 
the definition of arson, as defined by the criminal code of this State. 
Ch. 38, sec. 13, R. S. 

The board of township trustees is not liable for injury to pupils at- 
tending school, arising from any defects in the construction or condi- 
tion of school houses or of the school yard. 
Hill V. City of Boston, 122 Mass. 344. 

The township board of trustees is a quasi-corporation, created by the 
general law to aid in the administration of state government, and is 
charged with duties purely governmental in character, and cannot be 
made to respond in damages as master for the negligent acts of work- 
men employed upon a school building. 

Kinnare v. City of Chicago, 171 111. 332. 



TOWNSHIP TRUSTEES OF SCHOOLS. 55 

§ 32. When, in the opinion of any board of directors, the school 
bouse site or any buildings have become unnecessary or unsuitable 
or inconvenient for a school, the board of trustees, on petition of a 
majority of the voters of the district, shall sell and convey the 
same in the name of the said board, after giving at least twenty 
days' notice of such sale by posting up written or printed notices 
thereof, particularly describing said property, and the terms of 
sale, which notice may be in the following form, viz. : 

Public notice is hereby given that on the day of 



A. D. , the trustees of schools of township No. , range 

No. , will sell at public sale, on the premises hereinafter de- 
scribed, between the hours of 10 o'clock a. m. and 3 o'clock p. m., 
the school house situated on the school house site, known as (here 
describe the site b}^ its number, commonly known name, or other 
definite description), and located in the (here describe its place in 
the section), which sale will be made on the following terms, to 
wit: (Here insert as "one-third of the purchase money cash in 
hand, and the balance in two equal payments, due in one and two 

years from day of sale, with interest at the rate of per cent. 

from date.") A. B. 

CD. 

E. F. 

Trustees. 

And the deed of conveyance of the property so sold shall be exe- 
cuted by the president and clerk of said board, and the proceeds of 
such sale shall be paid over to the township treasurer, for the ben- 
efit of said district. 

§ 33. All conveyances of real estate which may be made to 
said board, shall be made to said board in their corporate name, 
and to their successors in office. 

§ 34. The township board shall cause all moneys for the use of 
the townships and districts to be paid over to the township treas- 
urer, who is hereby constituted and declared to be the only lawful 
depositary and custodian of all township and district school funds. 
They shall have power also to remove the township treasurer, at 
any time, for any failure or refusal to execute or comply with any 
order or requisition of said board, legally made and entered of 
record, or for other improper conduct in the discharge of his duty 
as treasurer. They shall also have pov/er for any failure or refusal 
as aforesaid to sue him upon his official bond and recover all dam- 
ages sustained by the said board in its corporate capacity, by rea- 
son of such neglect or refusal as aforesaid. 



56 GENERAL SCHOOL LAW. 

School directors may borrow money for the purposes enumerated by 
the statute, on the terms prescribed, and when it is obtained it be- 
comes their duty to pay such funds over to the township treasurer, 
who is the only proper custodian. Should they place it in the hands 
of any one else, it is at their own risk. 
Adams v. State, 82 111. 133. 

The compensation of township treasurers must be fixed by the board 
of trustees prior to the election of such treasurers. 
Art. IV, sec. 22, General School Law. 

This in express terms prohibits any extra pay for the performance of 
any duty imposed by the statute, and a treasurer is entitled to no extra 
compensation for services in selling bonds taken for an indebtedness to 
the school fund. 

The township treasurer is required by law to demand, receive and 
safely keep all moneys, books and papers of every description, belong- 
ing to his township. When money is due from a city treasurer to the 
school fund, it is the duty of the treasurer to demand and receive the 
money, and he has no authority to receive city warrants therefor. 

School trustees will not be held liable for the wrongful act or neglect 
of duty by their treasurer, unless such act was authorized by order of 
the board, entered upon their journal, and signed by the president and 
clerk. 

Lovingston v. Trustees, 99 111. 569. 

A township treasurer who, with the consent and direction of the 
school directors, has received certain coupons in place of money due 
to the district, cannot be compelled to receive back such coupons and 
pay the directors the money therefor. 

Humiston v. Trustees of Schools, 7 111. App. 122. 

Under the statute, the trustees have the power to remove the treas- 
urer at any time, and possessing such power, the appointment of a 
new treasurer is the removal of his predecessor. 

Holbrook v. Township Trustees, 22 111. 544. 

§ 35. The township trustees are hereby vested with general 
power and authority to purchase real estate, if in their opinion the 
interests of the township fund will be promoted thereby, in satis- 
faction of any judgment or decree wherein the said board or the 
county superintendent are plaintiffs or complainants ; and the title 
of such real estate so purchased shall vest in said board for the 
use of the inhabitants of said township, for school purposes. 

§ 36. The board of trustees are hereby vested with general 
power and authority to make all settlements with persons indebted 
to them in their official capacity ; or to receive deeds to real estate 
in compromise ; and to cancel, in such manner as they may think 
proper, notes, bonds, mortgages, judgments and decrees, exist- 



TOWNSHIP TRUSTEES OF SCHOOLS. 57 

ing- or that may hereafter exist, for the benefit of the township, 
when the interest of said township, or of the fund concerned shall, 
in their opinion, require it; and their action in the premises shall 
be valid and binding. 

Municipal corporations in the discharge of their duties must act 
within the limits prescribed by law, and if they exceed the powers 
thereby conferred, their acts will be void. 
Agnew V. Brail, 124 111. 312. 

§ 37. The board of trustees are hereby authorized to lease or 
sell at public auction, any land that may come into their posses- 
sion in the manner provided for in either of the two preceding sec- 
tions in such manner and on such terms as they may deem for the 
interests of the townships : Provided, that in all cases of sale of 
such land, the sale shall be either at the door of the court house, 
where judicial sales of land are usually made, or else on the prem- 
ises to be sold, as the trustees may order and direct: And pro- 
vided, that in all cases of sale of land, as provided in this section, 
the sale shall be made in the manner provided for sale of the six- 
teenth section by section 14 of article XIII of this act. 

§ 38. Upon the petition of not less than fifty voters oi any 
school township, filed with the township treasurer at least fifteen 
days preceding the regular election of trustees, it shall be the duty 
of said treasurer to notify the voters of said township that an elec- 
tion "For" or "Against" a township high school will be held at the 
said next regular election of trustees, by posting notices of such 
election in at least ten of the most public places throughout such 
township, for at least ten days before the day of such regular elec- 
tion ; which notices may be in the following form, viz. : 

HIGH SCHOOL ELECTION. 

Notice is hereby given that on Saturday, the day of April, 

A. D. , an election will be held at , for the purpose of 

voting "For" or "Against" the proposition to establish a town- 
ship high school for the benefit of township No. , range 

No. . The polls for said election will be open at and 

close at — ; — o'clock of said day. 

A. B., Township Treasurer. 

Provided, that when any city in this State, having a population 
of not less than one thousand and not over one hundred thousand 
inhabitants, lies within two or more townships, then that township 



58 GENERAL SCHOOL LAW. 

in which a majority of the inhabitants of said city reside shall, 
together with said city, constitute a school township under this act 
for high school purposes, [As amended by act approved June 19, 
1891. 

The object of the law allowing the establishment of high schools 
is to afford increased facilities for acquiring a good education in the 
free schools. Such schools must be open to all pupils who are suflfi- 
ciently advanced to receive their instruction. 

Trustees of Schools v. The People ex rel. Van Allen, 87 111. 303. 
The petition required by the foregoing section is a request only. 
The statute does not prescribe any particular form for such petition, 
and it will not be held insufficient when filed with the proper officer, 
because it was addressed to him as treasurer of a township improperly 
described. 

Trustees of Schools v. The People, 161 111. 146. 
A provision in a city charter to the effect that the city shall constitute 
a school district does not remove such city from the operation of the 
above section, making it, with the township in which the majority of 
its inhabitants reside, a school township for high school purposes. 

Trustees of Schools v. The People, 161 111. 146, affirming 61 111. 
App. 131. 
Under the above section, a city having a population of not less than 
one thousand and not over one hundred thousand inhabitants, and 
lying within two or more townships, becomes a school township for 
high school purposes in connection with that township in which a 
majority of the inhabitants of said city reside. 
People V. Bruennemer, 168 111. 482. 
An election under the foregoing section is a special election con- 
ducted under the school law, and is not subject to the provisions of the 
Australian Ballot Act, notwithstanding it is held at the same time and 
place as the election of trustees of schools. It is not thereby made a 
part of the township election. 

People V. Brown, 189 III. 619. 
The act of 1891, entitled "An act to entitle women to vote at any elec- 
tion held for the purpose of choosing any officer under the general or 
special school laws of this State," does not authorize women to vote 
on a proposition to establish a township high school, but gives them 
only the right to vote for "any officer under the general school laws." 
The People v. Welsh, 70 111. App. 641. 
The term "school township," as mentioned in the above section, re- 
fers to a congressional township. 

Trustees v. The People ex rel. Updike, 61 111. App. 131. 
The provisions of the general election law of 1891, known as the 
Australian Ballot Law, do not apply to an election held under this sec- 
tion. 

People V. Cowden, 160 111. 557. 



TOWNSHIP TRUSTEES OF SCHOOLS. 59 

§ 39. The ballots for such election shall be received and can- 
vassed as in other elections, and may have thereon the name of 
the person or persons whom the voter desires for trustee or trus- 
tees. 

§ 40. If a majority of the votes at such election shall be found 
to be in favor of establishing a township high school, it shall be 
the duty of the trustees of the township to call a special election 
on any Saturday within sixty days from the time of the election 
establishing the township high school, for the purpose of electing 
a township board of education, to consist of five members, notice 
of which election shall be given for the same time and in the same 
manner as provided for in the election of township trustees. The 
members elected shall determine by lot, at their first meeting, the 
length of term each is to serve. Two of the members shall serve 
for one year each, two for two years, and one for three years from 
the second Saturday of April next preceding their election. When- 
ever a vacancy occurs (except by death or resignation), a succes- 
sor or successors shall be elected, each of whom shall serve for 
three years, which subsequent election shall be held on the same 
day and in the same manner as the election of township trustees. 
In case of vacancy from other cause than the expiration of the 
term of office, the board shall call an election without delay, which 
election may be held on any Saturday, notice of which shall be 
given for the same time and in the same manner as for the elec- 
tion of township trustees. Within ten days after their election, 
the members of the township board of education shall meet and 
organize by electing one of their number president, and by elect- 
ing a secretary. It shall be the duty of the township board of edu- 
cation to establish at some central point most convenient to a ma- 
jority of the pupils of the township, a high school for the educa- 
tion of the more advanced pupils. [Manual training. See act 
approved June 3, 1897. 

The creation of a city into a special school district by the act of the 
general assembly, and the maintaining of a high school, does not take 
the city out of the operation of the act on schools, relating to the estab- 
lishment of township high schools. 

People V. Bruennemer, 168 111. 482. 

§ 41. For the purpose of building school houses, supporting 
the school, and paying other necessary expenses, the territory for 
the benefit of which a high school is established under any of the 



60 GENEEAL SCHOOL LAW. 

provisions of this act, shall be regarded as a school district, and 
the board of education thereof shall have the power and discharge 
the duties of directors of schools for such district in all respects. 
[As amended by act approved May ii, 1901. 
See authorities cited under Powers and Duties of School Directors. 
By a comparison of the foregoing section with section 31 of article 
V of the School Law, it follows that a township board of education, 
created by section 40 of article III, is not authorized to purchase a 
high school site or erect a high school building, or levy a tax to raise 
money for such purposes, unless authority is given by a vote of the 
people. 

Greenwood v. Gmelich, 175 111. 526. 
The duties of township trustees with reference to high schools are 
the same as the duties of school directors with respect to district 
schools, and their powers are governed by the same laws. They have 
the power to determine what branches of study shall be taught, the 
text books to be used, and to prescribe the necessary rules for the 
management of the school, but they cannot decide what particular 
branches of study shall be pursued by each pupil. The laws of this 
State do not deny the parent all control over the education of his 
child. 

Trustees v. The People ex rel. Van Allen, 87 111. 303. 
Under the law providing for the establishment of township high 
school districts, the trustees have the power to levy taxes for the 
support of the high school, in the same manner as school directors 
provide for the support of district schools. 

Fisher v. The People, 84 111. 491. ' 
The provisions of the school law for the establishment and support 
of township high schools do not violate the constitution of the State. 

Richards v. Raymond, 92 111. 612. 
The incidental use of the township high school building for holding 
religious meetings is not contrary to the law, provided such meetings 
do not interfere with school purposes. 

Nichols V. School Directors, 93 111. 61. 

§ 42. Two or more adjoining townships, or two or more ad- 
joining school districts whether in the same or different town- 
ships, may, upon like petition as required for township high 
schools, signed by at least fifty (50) legal voters in each of said 
townships or school districts — and where any such school dis- 
trict contains less than 150 voters, then such petition shall be 
signed by at least one-third of the legal voters of such district — 
and upon an affirmative vote in each of such townships or districts, 
at an election held pursuant to the provisions of section 38 of this 



TOWNSHIP TRUSTEES OF SCHOOLS. 61 

act, establish and maintain in the same manner as in this act, it is 
provided for township high schools, a high school for the benefit 
of the inhabitants of the territory described in such petition and 
the inhabitants of any territory composed of parts of adjoining 
townships who are now maintaining a high school and who have 
elected a board of education, may create such territory a high 
school district by a petition of fifty (50) legal voters of such dis- 
trict and by an affirmative vote in such district, and may elect a 
board of education therefor as in other high school districts. All 
such high schools may be discontinued in the same manner as 
township high schools : Provided, that any school district having 
a population of at least two thousand (2,000) inhabitants, may 
in the same manner as herein provided for establishing and main- 
taining a township high school, establish and maintain a high 
school for the benefit of the inhabitants of such school district, 
and elect a board of education therefor, with the same powers 
hereby conferred on township boards of education. 

All attempted high school districts in which the inhabitants are 
maintaining a high school and have in good faith elected a board 
of education substantially as herein required, are hereby declared 
to be valid and lawful high school districts and the board of edu- 
cation elected therefor legal boards of education. [As amended 
by act approved May 11, 1901. 

Under tlie foregoing section, construed in connection with sections 
38, 40, 41 and 43, the organization of a township high school district, 
composed of two or more adjoining townships or parts of townships, is 
authorized. 

Gale V. Knopf, 193 111. 245, followed by Greeley v. The People, 
194 111. 550. 

§ 43. When any township, townships or parts of townships, 
shall have organized a high school and wish to discontinue the 
same, upon petition of not less than a majority of the legal voters 
of said township, townships or parts of townships, filed with the 
township treasurers of said townships, at least fifteen days pre- 
ceding the regular election of trustees, it shall be the duty of said 
treasurers to notify the voters of the township, townships or parts 
of townships, that an election will be held on the day of said reg- 
ular election of trustees for the purpose of voting "For" or 
"Against" discontinuing the township high school, which notice 
shall be given in the same manner, and for the same length of 



62 GENERAL SCHOOL LAW. 

time, and may be in substantially the same form, as the notice pro- 
vided for in section 38 of this article : Provided, that in any town- 
ship where a creek or river divides the same and it has been di- 
vided into towns with such creek or river as a boundary line be- 
tween them, and each of said towns contains a city, and an elec- 
tion has been held in such township, and carried in favor of estab- 
lishing a township high school, a site for which has been selected 
in one of said towns, and other proceedings had thereon, a peti- 
tion signed by not less than one-fourth of the voters of such town- 
ship, as shown by the vote of the last general election, may be 
filed at any time with the township treasurer of said township for 
an election, for the purpose of voting "For" or "Against" discon- 
tinuing the township high school as to the town in which the site 
is not located. Within ten days after the filing of a petition, as 
aforesaid, it shall be the duty of such township treasurer to post 
the notices for an election to be held, according to the prayer of 
such petition and if the majority of the votes cast at such election 
shall be in favor of discontinuing the township high school in the 
town where the site has not been located, the same shall be so dis- 
continued as to it. [As amended by an act approved and in force 
June 2, 1897. Emergency. 

§ 44. The ballots for such election shall be received and can- 
vassed in the same manner as provided for in section 39 of this 
article. If the majority of the votes of such election shall be found 
in favor of discontinuing the high school, it shall be the duty of the 
trustees to discontinue the same, and turn all the assets of the 
said high school over to the school fund of the township or town- 
ships interested therein, in proportion to the assessed valuation of 
said townships, to be used as any other township fund for school 
purposes. 

§ 45. No trustee of schools shall be interested in the sales, pro- 
ceeds or profits of any book, apparatus or furniture used in any 
school in this State with which such trustee may be in any man- 
ner connected. For offending against the provisions of this sec- 
tion, any such trustee shall be liable to indictment, and, upon con- 
viction, shall be fined in a sum not less than twenty-five dollars nor 
more than five hundred dollars, and may be imprisoned in the 
county jail not less than one nor more than twelve months, at the 
discretion of the court. 

§ 46. Trustees of schools in newly organized townships shall 
lay off the township into one or more school districts, to suit the 



TOWNSHIP TKUSTEES OF SCHOOLS. 63 

wishes or convenience of a majority of the inhabitants of the town- 
ship, and shall prepare or cause to be prepared a map of the town- 
ship, on which map shall be designated the district or districts, to 
be styled, when there are more districts than one, "District 

No. , in township No. , range No. , of the 

P. M. (according to the proper numbers), county of , and 

State of Illinois." 

The General Assembly, In accordance witli a well settled canon of 
construction of legislative powers, may, therefore, act at its discretion, 
and prescribe such mode for the formation of school districts as it 
alone shall consider most conducive to the public interests. 

Speight V. The People, 87 111. 600. 
Under the constitution of 1848, the legislature had no power to con- 
stitute a private school, founded in accordance with the will of a de- 
cedent, a school district, and provide for the election of trustees 
therein, and invest the same with a power to levy taxes for the support 
of a school. 

People V. McAdams, 82 111. 356. 
A court of equity has no power to supervise the action of school trus- 
tees in dividing their township into districts, a matter which is left by 
law to the sound discretion, good judgment and common sense of such 
trustees, but in case of any flagrant abuse of discretionary power or 
corruption in official conduct, equity will give relief. 

Thompson v. Beaver, 63 111. 353. 
Township trustees have power, and it is made their duty under the 
school law, to divide their township into districts so as to suit the 
wishes and conveniences of a majority of the inhabitants. In respect 
to these matters they have a large discretion, and courts will not inter- 
fere with its exercise except in cases where a palpable violation of the 
law is apparent. 

School Directors v. Trustees of Schools of Tp. 28, 66 111. 247. 

§ 47. In a township where such division into districts has been 
made, the said trustees may, in their discretion, at the regular 
meeting in April, when petitioned as hereinafter provided for, 
change such districts as lie wholly within their township, so as — 

If, in changing school districts by school trustees, a plain violation of 
the law is manifested and gross injustice, corruption or oppression is 
shown, a court of equity will interfere to control their action, but not 
otherwise. 

Metz V. Anderson, 23 111. 410. 

First — To divide or consolidate districts. 

The common-law writ of certiorari is a proper remedy to test the 
legality of the formation of a school district by uniting several districts. 
Miller v. Trustees of Schools, 88 111. 27. 



64 GENEKAL SCHOOL LAW. 

The illegal formation of a new school district will not afford ground 
for resisting the collection of taxes levied therein by the directors, as 
they are de facto officers. The proper mode for testing the illegality of 
the formation of such a district is by an information in the nature of 
a quo warranto against the directors. 

Trumbo v. The People, 75 111. 562. 

The presumption in regard to the acts of school officers, when as- 
sailed collaterally, is that they are lawful until the contrary is estab- 
lished, and the legality of proceedings to change the boundaries of 
school districts cannot be determined in the defense of an application 
for judgment for school taxes. 

People V. Trustees of Estate of Newberry, 87 111. 41. 

The only method for testing the legality of the formation of a school 
district is by an information in the nature of a quo warranto, and such 
question cannot be inquired into in a collateral proceeding, where it 
must be presumed that the district has been rightfully formed. 
Alderman v. School Directors, 91 111. 179. 

Second — To organize a new district out of territory belonging 
to two or more districts. 

The above clause does not limit the district to parts only of territory 
belonging to two or more districts, but the new district may include 
the whole territory of several districts. 
People V. Keechler, 194 111. 235. 
Township trustees are authorized to organize new school districts 
out of territory belonging to two other districts, upon a proper petition 
of the legal voters residing within the limits of the proposed new dis- 
trict. 

Parr v. Miller, 49 111. App. 48. 
"The second clause of section 47 confers the power upon trustees to 
organize a new district out of territory belonging to two or more dis- 
tricts, and in our opinion when a petition is presented, signed by two- 
thirds of the legal voters living within a certain territory, containing 
not less than ten families, asking that said territory may be made a 
new district, as specified in clause 3 of section 48, then the trustees are 
clothed with authority to act." 

Parr v. Miller, 146 111. 598. 
A petition to organize a school district, including all the lands of two 
old districts and parts of the lands of two others, should be treated as 
a petition to organize a new district, and not as one to consolidate 
districts, or to detach territory from one district and add it to another. 
People V. Allen, 155 111. 402. 
For a construction of the repealed act of June 18, 1883, relating to 
the formation of school districts, holding said act to be constitutional, 
see 

School Directors of Union Dist. v. School Directors of New 
Union Dist, 135 111. 464. 



TOWNSHIP TRUSTEES OF SCHOOLS. 65 

Under said act of June 18, 1883, a petition in compliance therewith, 
if refused, may be enforced by mandamus. 

Trustees of Schools v. The People ex rel. Duffy, 121 111. 5?2. 

Third — To detach territory from one district and add the same 
to another district adjacent thereto. 

Under the school law, as amended by the act of 1879, it was discre- 
tionary on petition for the trustees to set off territory from one district 
to another. For this reason, they could not be compelled to comply 
with such petition by mandamus. 

Trustees of Schools v. Kay, 8 111. App. 30. 

Under a former special act of the legislature, the boundaries of the 
special school district thereby created cannot be changed by detaching 
a portion of its territory. This refers to the district created by the act 
of March 29, 1869. 

Schaefer v. The People, 20 111. App. 605. 

Township trustees have power to make changes In districts only in 
certain respects, as enumerated in the above section, namely: (1) To 
divide or consolidate districts; (2) To organize a new district out of 
territory belonging to two others; (3) To detach territory from one 
district and add the same to another adjacent thereto. These powers 
cannot be exercised by the trustees upon their own motion, but only 
upon petition. The legal voters of the district or districts affected by 
the proposed changes are entitled to be heard before the trustees, or 
upon appeal, as to the propriety of granting the prayer of such peti- 
tioners. 

Parr v. Miller, 49 111. App. 48. 

No authority is given to the school trustees of two different town- 
ships to create a new school district from territory belonging to their 
districts, except on petition of two-thirds of the legal voters residing 
within the territory which is to form the new district, containing not 
less than ten families. And the fact that said territory contains not 
less than ten families must be shown on the face of the petition, in 
order to confer jurisdiction upon the township trustees. 
Carrico v. The People, 123 111. 198. 

A petition for the formation of a new school district out of several 
other districts was held sufficient when its allegations and the affidavits 
in support of it show that the territory taken from two of the districts 
will not leave either of them with less than twenty families, nor with 
taxable property of an assessed value less than fifty thousand dollars, 
and show as to the third district that its entire territory would be 
incorporated in the proposed new district. 
Trustees v. The People, 121 111. 552. 

While the proper petition is essential, and the trustees may not move 
without it, no reason is perceived why it should be fatal to the proceed- 
ings that an affidavit which is unnecessarily appended to the petition 
fails to state all that must appear to warrant the formation of the new 
5 



66 GENERAL SCHOOL LAW. 

district. Accordingly, it was held in a proceeding by mandamus to 
compel certain trustees of schools to concur with others in forming a 
new district that the petition of the trustees was sufficient, and that it 
was unnecessary to specify the boundaries of the old districts, and that 
the affidavit was immaterial. 

Trustees of Schools v. The People ex rel. Duffey, 25 111. App. 25. 
Sections 47 and 48 clearly relate to those ordinary changes in school 
districts of a township already fully organized under the school law 
which from time to time become necessary in order to meet the wishes 
or convenience of the inhabitants of the various districts, but they have 
nothing to do either with the original organization of the township into 
districts or with a re-organization which becomes necessary when a por- 
tion of the township previously organized into a district under a special 
act abandons its special organization and becomes for the first time 
for school purposes a part of the township. 
People V. Ricker, 142 111. 658. 

§ 48. No change shall be made as provided for in the preced- 
ing section, unless petitioned for — 

First — By a majority of the legal voters of each of the districts 
affected by the proposed change. 

FORM OF PETITION UNDEB ABOVE CLAUSE. 

The undersigned, constituting a majority of the legal voters of dis- 
trict No. , township No. , range No. , in county, Illi- 
nois, do hereby petition and request the trustees of schools of said 
township to divide said district in the following manner, to wit: 
(Here insert proposed change, indicating the same clearly), and 
thereby make two districts thereof; and we hereby certify that each 
of said proposed new districts will contain not less than ten families 
residing therein. 

Second — By two-thirds (2-3) of the legal voters living within 
certain territory, described in the petition, asking that the said 
territory be detached from one district and added to another. 

FORM OF PETITION UNDER ABOVE CLAUSE. 

The undersigned, constituting two-thirds of the legal voters living 
within the territory hereinafter described, do hereby petition and re- 
quest the trustees of schools of township No. , range No. , in 

county, Illinois, to detach said territory, to wit: (Here describe 

territory to be detached) from district No. in said township, and 

add it to district No. in said township. 

Third — By two-thirds (2-3) of all the legal voters living within 
certain territory, containing not less than ten (10) families, ask- 
ing that said territory be made a new district. 



TOWNSHIP TKUSTEES OF SCHOOLS. 67 

rOEM OF PETITION tJNDEE ABOVE CLAUSE. 

The undersigned, constituting two-thirds of the legal voters living 
with in the following described territory, to wit: (Here describe ter- 
ritory clearly), do hereby petition and request the trustees of schools 

of township No. , range No. — — , in county, Illinois, to make 

a new school district of said territory above described; and we hereby 
certify that said proposed new district will have not less than ten 
families living in it, and that no district from which said territory, or 
any part thereof, is proposed to be taken will contain less than ten 
families living within it, after the formation of said proposed new dis- 
trict. 

Note. — In preparing petitions under above section, care should be 
taken to insert such other necessary allegations as the circumstances 
of each case may require. See decisions cited below by way of illustra- 
tion. 

With reference to the form of the petition mentioned in this section, 
it is held that "formal statutory documents prepared without a form for 
guidance, by persons unskilled in technical composition, are seldom 
found to be models of neatness and a,ccuracy. This one is so defective 
that without supplying some omitted expression of what must reason- 
ably be presumed was intended, it would appear to be without any ob- 
ject or sense. If a legitimate object and sense can be reasonably 
ascertained from what is expressed, the court will supply its proper 
expression." 

Scott V. Trustees, 71 111. App. 97. 

Clause 3 of the above section relates to the organization of a new 
district out of territory belonging to two or more districts. The first 
and second clauses of this section have nothing to do with the forma- 
tion of a new district; the first relates to the division and consolidation 
of districts and the second to detaching territory from one district and 
adding the same to another district adjacent thereto, and the third re- 
lates to the organization of a new district out of territory belonging to 
two or more districts. 

People V. Keechler, 194 111. 239. 

The statute prohibits any change of districts unless petitioned for 
by two-thirds of the legal voters, living within the territory to be made 
into a new district, which must contain not less than ten families. 
Mason v. The People, 185 111. 306. 

Under section 47 and the third clause of section 48, a voter moving 
into such territory at any time before the petition is signed, from an- 
other part of the same township, school district and voting precinct, is 
a legal voter, and must be counted as such in determining the propor- 
tion of legal voters signing the petition. 
People V. Simpson, 168 111. 127. 

The limitation in the formation of new school districts out of terri- 
tory previously forming one district applies to the original district and 



68 GENERAL SCHOOL LAW. 

to the proposed district, and neither of such districts must contain less 
than ten families. In applying this limitation, both may be regarded 
as new districts, although one of them retains the original name and 
number. 

Chesshire v. The People, 116 111. 493. 
The petition must contain an allegation that the territory constitut- 
ing the proposed new district contains not less than ten families. 

Carrico v. The People, 123 111. 198. 
The first and second clauses of this section do not relate to the organ- 
ization of a new district. The first clause relates to the division or con- 
solidation of districts, and the second to detaching territory from one 
district and adding the same to another adjacent thereto. 

Parr v. Miller, 146 111. 536. 
The trustees have jurisdiction where a petition is signed by two- 
thirds of the legal voters residing in the proposed new district, regard- 
less of their particular location therein, and a petition to organize a 
school district which shall include all lands of two districts and a por- 
tion of the lands of two others, should be regarded as a petition to 
organize a new district. It should not be treated as a petition to con- 
solidate districts, or to detach territory from one district and add the 
same to an adjacent district. 

People V. Allen, 155 111. 402. 
Petitions to form a new school district, by adding portions of other 
districts to one whole district, being in strict compliance with clause 3 
of the above section, and having the signatures of two-thirds of all the 
legal voters living within the territory of the proposed new district, it 
is unnecessary that they should also comply with clause 2 of said sec- 
tion, relating to detaching territory from one district and adding it to 
another, by having the signatures of two-thirds of the legal voters liv- 
ing in each of the different portions of the territory comprising the pro- 
posed new district. 

Hamilton v. Frette, 189 111. 190. 
A petitioner for mandamus to compel school trustees to form a new 
district must show that he resides in the proposed new district before 
the writ can be allowed. A petition which seeks to effect a division of 
a long established district must make a case within the express provis- 
ions of the statute before the trustees can be required to act. 

School Trustees v. The People ex rel. Ball, 71 111. 559. 
School trustees are b^ound to give effect to the will of the voters as 
expressed in their petition, and if they refuse to grant the same, when 
made according to law, the courts will compel them by mandamus to 
do so. 

Trustees of Schools v. The People ex rel. Travis, 76 111. 621. 
The statute allowing the formation of new school districts by taking 
portions of one or more districts already established, contemplates that 
the petition therefor shall be signed by two-thirds of all the voters re- 
siding within the proposed nev/ district. 

Boone v. The People, 4 111. App. 231. 



TOWNSHIP TRUSTEES OF SCHOOLS. 69 

Under former law, a petition asking for a change in the districts was 
signed by five persons, but did not aver that tbey constituted two- 
thirds of the legal voters of the territory sought to be detached, nor 
that the district from which they wished to be severed had no bonded 
debt. In this it was radically defective. 

Potter V. Board of Trustees, 10 111. App. 343. 

In a proceeding under the statute for the formation or change of 
school districts, seeking to create a district from others in different 
townships, the petition should be presented to the trustees of both 
townships, in order that it may be the subject of joint action, 
Webb V. The People, 11 111. App. 358. 

§ 49. In school districts having a population of not less than 
one thousand inhabitants, whether acting under the general school 
law or organized and acting under a special charter, desiring a 
change of boundaries, the question of such change may be sub- 
mitted to the trustees by vote of the people, instead of by the peti- 
tion provided for in the preceding section; and when petitioned 
so to do by twenty-five legal voters of the district, the school 
board of the district shall submit the question of the change de- 
sired to the voters of said district, at a special election called for 
that purpose, and held at least thirty days prior to the regular 
April meeting of trustees. If a majority of the votes cast at any 
such election shall be in favor of the change proposed, then, due 
return of the election having been made to the township treasurer, 
the township trustees shall consider and take action the same as 
if petitioned therefor by a majority of the legal voters of such dis- 
trict : Provided, that no question of change of boundaries shall 
be submitted to a vote of the school district more than once in any 
one year. [As amended by act approved June i8, 1891. 

§ 50. No petition shall be acted upon by the board of trustees 
unless such petition shall have been filed with the clerk of the 
said board of trustees at least twenty days before the regular meet- 
ing in April, nor unless a copy of the petition, together with a no- 
tice in writing, signed by one or more of the petitioners, shall be 
delivered by the petitioners, or some one of them, at least ten 
days before the date at which the petition is to be considered, to 
the president or clerk of the board of directors of each district 
whose boundaries will be changed if the petition is granted. 

Which notice may be in the following form, to wit : 

The directors in district No. , in township No. , range 

No. , of the principal meridian, will take notice that the 



70 GENERAL SCHOOL LAW. 

undersigned and others have made and filed with the board of 
trustees of said township their petition, a copy of which is here- 
with handed to you. 

(Signed) . 

Note. — Copy of petition with signatures should be attached to above 
notice, and proof of service may be made as follows: 

PROOF OF SERVICE. 

I hereby certify that on the day of , 19 — , I served the fore- 
going notice upon , president (or clerk) of the directors of 

district No. , township No. , range No. , in county, 

Illinois, by delivering to him in person a copy of said notice, together 
with a copy of the petition therein mentioned. 



Where a petition is filed with the clerk of the board of trustees 
within the time prescribed by the above section, and notice in writing 
served on the directors of the district from which the territory of the 
new district is to be taken, the trustees of schools acquire jurisdiction 
and the organization of the new district will be valid, even if the evi- 
dence upon which the board based its record is not incorporated in the 
record. 

Parr v. Miller, 146 111. 599. 
A slight informality in the notice required by the above section will 
not invalidate the proceedings. Such a notice, addressed to the direct- 
ors of district No. 1, but delivered to the president of the board of 
directors of district No. 2, was held to be sufficient, in view of the fact 
that a number of persons, claiming to be a majority of the voters resid- 
ing in said district No. 2, appeared before the trustees and opposed the 
petition for the formation of a new district. 

Scott V. Trustees of Schools, 71 111. App. 95. 
A compliance with the provisions of the foregoing section is neces- 
sary to confer jurisdiction upon the township trustees. 

Board of Education of Glencoe v. Trustees of Schools, 74 111. App. 

401. 

Where the action of school trustees in uniting school districts appears 

upon the face of the proceedings to have been illegal, a writ of 

certiorari to review such action should not be dismissed, as there is 

no provision made to review the same by appeal. 

Miller v. Trustees of Schools, 88 111. 27. 

§ 51. At the said April meeting, by the concurrent action of 
the several boards of trustees of the townships in which the dis- 
trict or districts affected lie, each board being petitioned as pro- 
vided for in section 48 of this article, the same changes may be 
made in the boundaries both of districts which lie in separate town- 
ships, but adjacent to each other, and of districts formed of parts 



TOWNSHIP TRUSTEES OF SCHOOLS. 71 

of two or more townships, as are permitted to be made in districts 
which He Avholly in one township. 

The action of the several boards of trustees must be in strict com- 
pliance with this section. They must act concurrently upon the peti- 
tion, and not jointly. The law does not confer authority to hold joint 
meetings of different boards of township trustees, or to transact busi- 
ness at such meeting. 

Rayfleld v. The People, 144 111. 332. 

It is a matter of common knowledge that by changes in the popula- 
tion of townships and the school districts therein, changes in the 
boundaries of the latter frequently become necessary, and often abso- 
lutely imperative, in order that the inhabitants may be suitably pro- 
vided with school privileges. No district has a vested right in the di- 
vision of the township first made, or a right to insist that its bound- 
aries shall remain for all time to come as originally fixed. The words 
"adjacent to each other," as used in this section, mean simply that 
territory to be taken shall be so united or joined together as to form 
a compact district. 

People V. Keechler, 194 111. 241. 

§ 52. When, at the regular meeting of the trustees in April, 
any petition shall come before the trustees, asking for any 
change in boundaries, it shall be the duty of the trustees to ascer- 
tain if the foregoing provisions have been strictly complied with ; 
and if it shall appear that they, or either of them, have not been 
complied with, then, in such case, the board shall adjourn for not 
longer than four weeks, in order that the foregoing provisions 
may be complied with; but there shall be but one adjournment 
for such purpose. 

§ 53. If, on the day of the regular meeting, or, in case of an 
adjourmnent, at the adjourned meeting, it shall appear that such 
provisions have been complied with, then the trustees shall con- 
sider the petition, and shall also hear any legal voters living in 
the district or districts that will be affected by the change if 
made, who may appear before them to oppose the petition, and 
they shall grant or refuse the prayer of the petitioners without 
unreasonable delay. After the trustees shall consider the petition, 
no objection shall be thereafter raised as to its form, and their 
action shall be prima facie evidence that all the formal require- 
ments have been complied with. 

The above section authorizes trustees to organize new school districts 
out of territory belonging to other districts, upon a petition signed by 



72 GENERAL SCHOOL LAW. 

two-thirds of the legal voters residing within the boundaries of the 
proposed district. The petition needs no verification. 
Parr v. Miller, 49 111. App. 49. 

The above section, in providing that after trustees have considered 
the petition no objection shall be raised to its form, and that action 
of the trustees shall be prima facie evidence of compliance with all 
formal requirements, does not dispense with the necessity of having 
their records show the facts necessary to confer jurisdiction upon the 
board of trustees. If through accident or otherwise the records fail to 
show such facts, it may be amended so as to correspond therewith. 
Board of Education of Glencoe v. Trustees, 74 111. App. 410. 

It is within the power of a board of education to direct its clerk to 
amend the record of a previous meeting, although the personnel of the 
board has changed, for the reason that authority for such amendment 
does not depend upon the personal recollection of the members of the 
board, but upon the knowledge of the clerk, or such files and minutes 
as he may have, relating to the transactions of the board at the meet- 
ing in question. 

Board of Education of Glencoe v. Trustees of Schools, 174 111. 510. 

The writ of certiorari, when used for the purpose of correcting the 
proceedings of township trustees under the foregoing section, is not a 
writ of right, but it issues only upon application to the court upon 
special cause shown. Consequently, such a writ ought not to be granted 
after the lapse of three years, and if granted, should be quashed for 
laches in presenting the petition. 

Trustees of Schools v. School Directors of Union Dist., 88 111. 100. 

In a quo warranto proceeding to oust from office three school direct- 
ors elected in a consolidated district, the court holds that the lapse of 
five years, consolidation of district, and the distribution of the school 
funds, was a bar to the proceedings. 
People V. Boyd, 30 111. App. 608. 

The trustees have power under the school law, and it is their duty, 
to district their township into proper divisions to suit the wishes and 
convenience of a majority of the inhabitants thereof for school pur- 
poses. In this respect they are vested with a large discretion in the 
performance of these important duties, and courts will not attempt to 
control its exercise, except in a palpable case where a plain violation of 
law is manifested. The evidence may show that the trustees were 
vacillating and lacked firmness and made frivolous excuses for failing 
to rescind their order in making the district, and that they have vio- 
lated promises made not to redistrict, but where there is no indication 
of collusion or any fraudulent purpose or action on their part, it will 
not be inferred that they were actuated by fraud or corrupt motives. 
Directors v. Trustees, 66 111. 249. ■» 

There is no mode pointed out by law for ascertaining the wishes of 
the inhabitants of the township with respect to the number and size of 
districts which would best suit their convenience. It is the imperative 
duty of the trustees to lay off the township into districts, but the man- 



TOWNSHIP TRUSTEES OF SCHOOLS, YS 

ner of doing so is left to their sound discretion, good judgment and 
common sense. When this discretion is honestly exercised for the 
promotion of the best interests of the township, although other reason- 
able men might differ with them in their judgment, a court of equity 
possesses no power to supervise the action of the trustees. 
Thompson v. Beaver, 63 111. 355. 

§ 54. The petitioners, or the legal voters who have appeared 
before the trustees at the meeting when the petition was consid- 
ered, and opposed the same, shall have the right of appeal to the 
county superintendent of schools : Provided, that the party ap- 
pealing files with the clerk of the trustees a written notice of ap- 
peal within ten days after the final action upon the petition by the 
trustees, which notice may be in the following form, to-wit: 

To the trustees of schools, township No. , range No. , 

of county, Illinois : 

You are hereby notified that the undersigned will appeal from 
3^our decision, made on the day of , A. D. , grant- 
ing (or refusing) the prayer of the petition in regard to (here 
give substance of the petition concerned) to the county superin- 
tendent of schools of county, Illinois, as provided by law. 

(Signed) . 

It is the duty of county superintendent, on the hearing of appeals, 
to investigate and determine whether the proposed change will be for 
the best interests of the district affected, and the statute provides that 
his action shall be final and binding. He is vested with discretion to 
determine what is best for the people and the cause of education. The 
rule is well established that when public officers are so invested with 
discretionary powers, a court of equity will not interfere to control or 
review the exercise of the power, unless fraud, corruption, oppression 
or gross injustice is plainly shown. A court of equity cannot sit as an 
appellate tribunal to review the exercise of judgment where there is no 
gross abuse of the power, and the law does not contemplate any super- 
visory power in the court for the purpose of correcting errors of judg- 
ment. 

School Trustees v. School Directors of Dist. No. 2, 190 111. 393. 

The petition for the formation of a new school district from parts of 
others must contain an allegation that at least two-thirds of the legal 
voters residing within the territory of the proposed district signed the 
petition, and that said territory contains at least ten families, and these 
allegations must be found to be facts. An information in the nature 
of a qtio ivarranto against school directors to test the legality of the 
organization of the district will lie, notwithstanding the fact that the 
school-house site has been selected, contracts for work and materials 
made, bonds issued and sold, and a teacher engaged, provided it does 
not appear that the bonds are sold or the money expended before the 



74: GENERAL SCHOOL LAW. 

filing of the information, and the hiring of the teacher was after that 
time. 

Mason v. The People, 185 111. 302. 

Upon denial of the prayer of a petition for the formation of a new 
district by the trustees of the respective townships, an appeal was taken 
to the two county superintendents, who, together with the county 
judge, decided to form the new district; it was held that such decision 
was final and conclusive of the question whether the petitions were 
designed to avoid the requirements of the law relating to petitions to 
detach territory from one district and add it to another. The necessity 
for the construction of additional school buildings or other school 
facilities, and the expense thereof, in districts as organized or as 
changed by the organization of the new district, were proper elements 
to be considered by the boards of trustees and the board composed of 
the superintendents of schools and the county judge on appeal, in de- 
termining as to the advisability of creating the new district. 
Hamilton v. Frette, 189 111. 190. 

§ 55- When an appeal is taken from the action of the trustees 
to the county superintendent, the clerk of the trustees shall, within 
five days after the written notice of the appeal has been filed with 
him by the appellants, transmit all the papers in the case, with a 
transcript of the records of the trustees, showing their action 
thereon to the county superintendent, and, in case of an appeal, 
the township treasurer shall be required to take no further action 
in the matter, except upon the order of the county superintendent, 
whose duty it shall be to investigate the case upon such appeal; 
and if, in his opinion, the change asked is for the best interests of 
the district or districts concerned, he shall make such change or 
changes ; but if he considers the proposed change unadvisable, 
he shall refuse to make it, and shall reverse, if need be, the action 
of the trustees, and shall give the clerk, from whom he receives 
the papers, immediate notice of his decision; and his action shall 
be final and binding. If the changes asked for by the petitioners 
shall be made by the county superintendent, he shall notify, in 
writing, the clerk by whom the papers in the case were trans- 
mitted to him, of his action, and the clerk shall thereupon make a 
record of the same, and shall, within ten days thereafter, make a 
copy of the same, and a map of the township, showing the dis- 
tricts, and an accurate list of the tax-payers of the newly ar- 
ranged districts, and deliver them to the county clerk for filing 
and record by him, the same as if the changes had been ordered 
by the trustees. • • 



TOWNSHIP TRUSTEES OF SCHOOLS. 75 

The proceedings of the board of trustees in redistricting their town- 
ship cannot be reviewed by certiorari, because an appeal is given by 
statute to the county superintendent in such cases. Proceedings of an 
inferior tribunal cannot be reviewed by the circuit court upon certiorari, 
where the right of review exists by appeal. 

Trustees of Schools v. Shepard, 139 111. 114. 

The county superintendent has no power to act respecting the ap- 
portionment of property to each district in proceedings under a statute 
for the dissolution of union townships, except in cases where the board 
of trustees refused to grant the prayer of the petitioners, and in such 
case he may order them to make such change or changes. 
Badger v. Knapp, 7 111. App. 222. 

A writ of certiorari improvidently issued in a case where a right of 
review exists upon appeal should be dismissed. 

Wright V. Highway Commissioners, 150 111. 138. 

§ 56. In all cases where the territory affected by a proposed 
change of district boundaries is divided by a county line or lines, 
the appeal may be taken to the county superintendent of schools 
of any one of the counties in which said territory is partly located ; 
and upon any appeal being taken in any such case, the covmty 
superintendent of schools, to whom such appeal is taken, shall 
forthAvith give notice to the county superintendent or superin- 
tendents of schools of the other county or counties, of the pend- 
ency of such appeal, and of the time and place when and where 
it will be heard ; and the county superintendents of schools of the 
counties in which the said territory is located, shall meet together 
at such time and place, and together hear and determine said 
appeal. In case the said county superintendents shall be unable 
to arrive at an agreement, then the county judge of the county 
where such appeal is pending shall be called, and shall constitute 
one of the board of appeal, and thereupon the appeal shall be 
heard and determined by them. And the county superintendent 
of schools, to whom such appeal is taken, shall at once notify, in 
writing, the clerk by whom the papers in the case were trans- 
mitted to him of the action taken on such appeal, as hereinafter 
provided. 

§ 57- Whenever change in boundaries is made by the trustees 
of schools, if no appeal is taken to the county superintendent, the 
clerk of the trustees shall make a complete copy of the record of 
the action of the trustees, which copy shall be certified by the 
president of the trustees and the clerk who shall file the same, to- 
gether with a map of the township, showing the districts, and an 



% GENERAL SCHOOL LAW. 

accurate list of the tax-payers of the newly arranged districts, 
with the county clerk for record within twenty days of the action 
of the trustees. 

The provision of the school law of 1857, requiring a map of the school 
district to be furnished to the county clerk to aid in extension of the 
taxes, was directory only. 

Munson v. Minor, 22 111. 595. 

That there should be such a map filed for that purpose is true, but 
if not filed, and the county clerk were to extend the taxes on the prop- 
erty in the districts from the records of the board of trustees, the 
failure to file the map would not form a valid objection to the tax thus 
levied, nor can such failure be a valid objection to the legal organiza- 
tion of a school district. 

School Directors of Dist. No. 5 v. School Directors of Dist. No. 
10, 73 111. 255. 
The requirements of the present law, to the effect that a map of the 
township, showing the districts and an accurate list of the tax-payers 
resident in the newly arranged district, be filed in the office of the 
county clerk, is mandatory, and a compliance therewith is essential to 
the validity of any change in the district boundaries. 

Potter V. Board of Trustees, 10 111. App. 344. 
The failure to file a certified copy of the record of the action of 
the trustees, together with a list of the tax-payers, with the county 
clerk within twenty days after the action of the trustees, will not pre- 
vent at least a de facto organization of one district extending over a 
portion of a former district. 

The People v. Trustees of Newberry Estate, 87 111. 41. 

§ 58. In case any territory shall be set off from any district 
that has a bonded debt, the change not being petitioned for by a 
majority of the legal voters of said district, such original district 
shall remain liable for the payment of such bonded debt, as if not 
divided. The directors of the original district having such bonded 
debt and of the district into which the territory taken from such 
original district has been incorporated or formed, shall constitute 
a joint board for the purpose of determining and certifying, and 
they shall determine and certify to the county clerk the amount of 
tax required yearly for the purpose of paying the interest and 
principal of such bonded debt, which tax shall be extended by the 
county clerk against all property embraced within such original 
districts as if it had not been divided. 

Upon the division of a school district and the formation of a new 
district, the law requires that a division of property, funds and liabili- 



TOWNSHIP TRUSTEES OE SCHOOLS. 77 

ties shall be made by tbe trustees in a just and equitable manner, and 
prior to such division each district is obligated for its own debts. 
School Directors v. Miller, 49 111. 495. 
Upon the redistricting of a township, whereby the territory of a 
district is formed into other districts, the trustees must apportion the 
indebtedness of the original district among the new organizations, and 
if they fail to do so, the old district will be continued in existence for 
the purpose of paying its debts. The directors of such original district 
will constitute a body corporate to enable creditors to collect the 
amount due them. 

Rogers v. The People, 68 111. 154. 

§ 59- When the trustees of schools shall organize a new dis- 
trict, as hereinbefore provided for, it shall be the duty of the clerk 
of the board of trustees, if no appeal is taken to the county super- 
intendent, to order, within fifteen days after the action of the trus- 
tees, an election, to be held at some convenient time and place, 
within the boundaries of such newly organized district, for the 
election of three school directors, notice being given by the town- 
ship treasurer, who shall post up at least three notices of such 
election in at least three prominent places in said district, at least 
ten days prior to the time appointed for holding such election, 
which notices shall specify the place where such election is to be 
held, the time for opening and closing the polls, and the object 
of said election, which notice may be in the following form, 
to- wit : 

ELECTION NOTICE. 

Public notice is hereby given that on the day of 



A. D. , an election will be held at for the purpose of 

electing three school directors for the new district known as dis- 
trict No. in township No. , range No. , of the 

P. M., in county, Illinois. 

The polls at said election will be open at o'clock — M., 

and close at o'clock — M. 

By order of the board of trustees of said township. 

(Signed) , Township Treasurer. 

The above section should be construed with section 2 of article VI 
of the General School Law. 

People V. Keechler, 194 111. 246. 
In case the legal existence of a school district is denied, the parties 
who assume to act as directors thereof are the proper respondents to 
an information in the nature of a quo warranto, testing the validity of 
the organization of such district. 

Chesshire v. The People, 116 111. 493. 



78 GENEEAL SCHOOL LAW. 

§ 60. At the time appointed for opening the polls for said 
election, it shall be the duty of the legal voters present, five of 
whom shall constitute a quorum, to appoint three of their num- 
ber, two of whom shall act as judges, and one as clerk of said elec- 
tion ; and the election in all other respects shall be conducted as 
other elections for the election of school directors. 

§ 61. Within ten days after the election, it shall be the duty 
of the directors, elected at such election, to meet at some con- 
venient time and place previously agreed upon by said directors, 
and organize as a district board by appointing one of their num- 
ber president, and another of their number clerk of said board, 
as in other cases of the election of school directors. At this first 
meeting of the directors, they shall draw lots for their respective 
terms of office for one, two and three years, each of which shall 
be considered a fractional term, ending at each annual meeting 
according to the term drawn. 

§ 62. In case a new district is organized by the action of the 
county superintendent, the said clerk of the board of trustees 
shall, within five days after he has received notice of the action of 
the county superintendent on the appeal, order an election of di- 
rectors in the new district, the same as if the change had been 
made by the board of trustees, and such election shall be held in 
the same manner as the election provided for where the trustees 
have formed such new district. 

§ 63. Whenever a new district has been formed by the trustees, 
or by the county superintendent, or county superintendents from 
a part of a district or from parts of two or more districts, the 
trustees of the township or townships concerned shall proceed 
forthwith to make a distribution of tax funds, or other funds 
v»^hich are in the hands of the treasurer, or to which the district 
may at the time of such division, be entitled ; so that both the old 
and new districts shall receive parts of such funds, in proportion 
to the amount of taxes collected next preceding such division 
from the taxable property in the territory composing the several 
districts. If the new districts be composed of parts of two or 
more districts, the trustees shall make distribution of said funds 
between the new district and the old districts, respectively, so 
that the new district shall receive a distribution of the funds of 
each of the old districts, in the proportion which the amount of 
taxes collected from the property in the territory of the new dis- 
trict bears to the whole taxes collected, next before the division 



TOWNSHIP TKUSTEES OF SCHOOLS. 79 

in the old district; and the town treasurer shall forthwith place 
the sum so distributed to the credit of the respective districts, and 
shall immediately place the proportion of the funds to which said 
new districts may be entitled to its credit on his books, and the 
funds on hand shall be subject at once to the order of the direct- 
ors of the new district, and those not on hand as soon as collected. 

In a suit based on orders issued by directors of a district whicli has 
since been attached to another district, against the directors of the 
new district, the declaration must aver an apportionment of the funds, 
property and liabilities of the former district, in order to charge the 
new district with liability upon the orders in question. 
Moll T, School Directors, 23 111. App. 508. 
Where the record of the township trustees shows that they met to 
appraise district school property and funds, in consequence of the 
formation of a new district from other districts mentioned, and states 
the result of the distribution, but does not state by whom the appraise- 
ment was made, the presumption will be that it was made by the board 
of trustees. 

School Directors of Dist. No. 5 v. S^chool Directors of Dist. No. 10, 
73 111. 249. 

§ 64. The trustees of the township or townships concerned 
shall, at the time of the creation of a new district or within the 
period of thirty days thereafter, proceed to the appointment of 
three appraisers, who shall not be citizens of the township or 
townships interested. It shall be the duty of said appraisers, within 
thirty days after their appointment, to appraise the school prop- 
erty, both real and personal, of the district or districts interested, 
at their fair cash value. Within thirty days after such appraise- 
ment, the trustee or trustees of the township or townships con- 
cerned shall proceed to charge the property to the district in which 
it may be found and to credit the other district interested therein 
with its proportion of such valuation : Provided, that the horia 
■fide debts, if any, of the old district shall first be deducted and the 
balance charged and credited as aforesaid; and the trustees shall 
direct the treasurer to place to the credit of the district not retain- 
ing said property, its proportion of the value of said property, 
and of the funds then on hand, or subsequently to accrue, be- 
longing to such district to which such property is charged. 

It is not an essential act precedent to the legal organization of a 
new district that the funds distributed thereto be credited to such 
district by the township treasurer. 

School Directors of Dist. No. 5 v. School Directors of Dist. No. 10, 
73 111. 249. 



80 GENERAL SCHOOL LAW. 

Under the foregoing section, an implied trust arises by operation of 
law, which is barred by a delay of thirteen years. in bringing suit on 
behalf of a newly created school district to compel the payment by the 
old district of the amount found due upon the division. 

School Directors of Dist. No. 2 v. School Directors of Dist. No. 4, 
16 111. App. 651. 

§ 65. If the trustees shall fail to observe the provisions of sec- 
tions 63 and 64, in reference to distribution of funds and prop- 
erty, they shall be individually and jointly liable to the district 
interested, in an action on the case, to the full amount of the dam- 
ages sustained by the district aggrieved. Where trustees have 
heretofore failed to make the distribution of property to dis- 
tricts, as provided in said sections 63 and 64 of this article, the 
district interested in the making of such distribution may, by its 
directors, request the trustees, in writing, to proceed to make 
such distribution; and said trustees shall proceed to make such 
distribution in the manner prescribed, and shall be liable, as herein 
stated, for neglect or failure so to do. 

§ 66. The clerk of any board of trustees who shall fail, neglect 
or refuse to perform the duties imposed upon him by this article 
of this act, or any of them, within the time and in the manner 
prescribed, shall, for each offense, forfeit not less than ten (10), 
nor more than twenty-five (25) dollars, of his pay as clerk of the 
board of trustees and township treasurer, which forfeiture shall 
be enforced by the trustees. 

§ 67. If any school district shall, for two consecutive years, 
fail to maintain a public school, as required by law to do, it shall 
be the duty of the trustees of schools of the township, or town- 
ships, in which such district lies, to attach the territory of such 
district to one or more adjoining school districts ; and in case 
said territory is added to two or more districts, to divide the prop- 
erty of said district between the districts to which its territory is 
added, in the manner hereinbefore provided for the division of 
property in case a new district is organized from a part of another 
district, and the action of the trustees in such case shall be final 
and binding. And the clerk of the trustees in such case shall file 
a copy of the record of the same, together with the map and list 
of tax-payers with the county clerk as in other cases of change 
of district boundaries. 

§ 68. The majority of legal voters of a district lying in two or 
more townships may secure the dissolution of said district by peti- 



TOWNSHIP TEUSTEES OE SCHOOLS. 81 

tioning the several boards of trustees of said townships, at their 
regular meeting in April, that each will add the territory belong- 
ing to said district, in its township, to one or more adjacent dis- 
tricts. Upon receipt of such petition or the returns of the elec- 
tion (in districts containing one thousand or more inhabitants) 
the several boards of trustees shall each make such disposition of 
the territory of said district as lies in its township, and they shall 
jointly make such division of property of said district between 
the districts to which its territory is attached, as is hereinbefore 
provided in the case of the organization of a new district from a 
part of another district. The action of the trustees, in accordance 
with such petition or election, shall be final and binding : and the 
clerks of the several boards of trustees, in such case, shall file a 
copy of the record of the same, together with the map and lists 
of tax-payers, with the county clerk as in other cases of change of 
district boundaries. 

In proceedings under the statute for tlie dissolution of a union school 
district, the county superintendent has no power to act concerning the 
disposition of the territory, unless the board of trustees refused to 
grant the petition, in which case the county superintendent may order 
them to make the required changes. 

Badger v. Knapp, 7 111. App. 222. 

§ 69. The trustees of schools, elected as provided for in this 
article, shall be the successors to the trustees of school lands, ap- 
pointed by the county commissioners' court, and of trustees of 
schools elected in townships under the provisions of "An act mak- 
ing provisions for organizing and maintaining common schools," 
approved February 26, 1841, and "An act to establish and main- 
tain common schools," approved March i, 1847, ^"^^ "An act to 
establish and maintain a system of free schools," approved April 
I, 1872. All rights of property, and rights and causes of action, 
existing or vested in the trustees of school lands, or the trustees 
of schools appointed or elected as aforesaid, for the use of the 
inhabitants of the township, or any part of them, shall vest in the 
trustees of schools, as successors, in as full and complete a man- 
ner as was vested in the trustees of school lands, or' the trustees 
of schools appointed and elected, as aforesaid. 



82 



GENERAL SCHOOL LAW. 



Article IV. 



TOWNSHIP TREASURER. 



1. 


Bond; form of bond. 


§13. 


2. 


Treasurer's account; record 
of notes and bonds; sub- 






ject to inspection. 


14. 


3. 


Terms of loans. 




4. 


Securities to run to board 


15. 




of trustees. 


16. 


5. 


Surplus district funds may- 






be loaned. 


17. 


6. 


Statement of loans to be 
delivered to county super- 






intendent. 


18. 


7. 


Form and release of mort- 






gage. 


19. 


8. 


Action on mortgage; insur- 
ance policies. 


20. 


9. 


Additional security. 




10. 


Preference given to debts 






due to school fund. 


21. 


11. 


Default in payment; pen- 
alty; action to recover in- 






terest. 


22. 


12. 


Manner of bringing suits. 





Treasurer shall keep money, 
books and papers, and 
keep funds at interest. 

Send annual statement to 
trustees. 

Annual exhibit. 

Statement to districts; ex- 
hibit to be posted. 

Penalty for failure to per- 
form requirements of the 
preceding sections. 

Unpaid orders of teachers 
to draw interest. 

Additional duties defined. 

Treasurer liable for failure 
to perform his duties, but 
not liable when acting 
under orders of board. 

Bonds, securities, etc., to be 
turned over to successor; 
penalty and judgment. 

Compensation of the treas- 
urer. 



Section i. The township treasurer appointed by the board 
of trustees of schools shall, before entering upon his duties, exe- 
cute a bond with two or more freeholders, who shall not be mem- 
bers of the board, as securities, payable to the board of trustees 
of the township for which he is appointed treasurer, with a suffi- 
cient penalty to cover all liabilities which may be incurred, con- 
ditioned faithfully to perform all the duties of township treasurer 

in township No. , range No. , in county, according 

to law ; which bond shall be approved by at least a majority of 
the board, and shall be delivered by one of the trustees to the 
county superintendent of the proper county. And in all cases 
where such treasurer aforesaid is to have the custody of all bonds, 
mortgages, moneys and effects denominated principal, and be- 
longing to the township for which he is appointed treasurer, the 
penalty of said treasurer's bond shall be twice the amount of all 



TOWNSHIP TEEASUEEE. 83 

bonds, notes, mortgages, moneys and effects ; and shall provide 
for the faithful accounting for, and turning over all such bonds, 
notes, mortgages, moneys and effects as shall come into his hands 
while he may act as such treasurer, under such appointment, to his 
successor, when appointed and qualified, as herein provided, by 
giving bond. The penalty of said bond shall be increased from time 
to time, as the increase of the amount of notes, bonds, mortgages 
and effects may require, and whenever, in the judgment of the 
trustees or county superintendent, the security is insufficient. Any 
and every township treasurer appointed subsequent to the first, 
as herein provided, shall execute bond with security, as is required 
of the first treasurer. 

The bond required in this section shall be in the following form, 
viz : 

State of Illinois, 



County. '' 

Know all men by these presents, that we, A. B., C. D., and 
E. F., are held and firmly bound, jointly and severally, unto the 

board of trustees of township , range , in said county, 

in the penal sum of dollars, for the payment of which we 

bind ourselves, our heirs, executors, and administrators firmly by 
these presents. 

In witness whereof we have hereunto set our hands and seals 

this day of , A. D. i8 — . The condition of the above 

obligation is such that if the above bounden A. B., township treas- 
urer of township , range , in the county aforesaid, shall 

faithfully discharge the duties of said office, according to the laws 
which now are or may hereafter be in force, and shall deliver to 
his successor in ofiice, after such successor shall have fully quali- 
fied by giving bond as provided by law, all moneys, books, papers, 
securities and property which shall come into his hands or con- 
trol, as such township treasurer, from the date of this bond up to 
the time that his successor shall have duly qualified as township 
treasurer, by giving such bond as shall be required by law, then 
this obligation to be void ; otherwise to remain in full force and 
virtue. 

Approved and accepted by: 

G. H.,) A. B. (Seal.) 

I. J., f Trustees. C. D. (Seal.) 

K. L.J E. F. (Seal.) 

Township trustees have been exempted by the legislature from taking 
the oath of office required by section 25 of article V of the constitution, 
as they are inferior officers, and the taking of such oath is not men- 
tioned as one of the prerequisites to their right to perform their of- 
ficial duties. 

School Directors of District No. 13, etc. v. The People, 79 111. 511. 



84 GENERAL SCHOOL LAW. 

The statute makes the trustees personally liable for the sufficiency of 
the securities taken upon the treasurers' bonds, and it is, therefore, 
highly important to the trustees that the person selected should be not 
only capable of discharging efficiently the duties of the office, but also 
a man of proved integrity. For that reason, large discretion should be 
allowed to the trustees in the appointment of the treasurer, and where 
a selection has been made, but before they have been notified of an 
acceptance of the trust by the appointee and before a bond has been 
presented, they may rescind their action and make another appoint- 
ment. 

People V. Trustees of Schools of Town No. 24, 42 111. App. 62. 

No portion of the school fund should be paid to the township treas- 
urer until he files his bond. 

Pace et al. v. The People, 47 111. 321. 

The law is well settled in this State that a township treasurer, by 
virtue of the statute, is an insurer of the funds coming to his posses- 
sion; that to exonerate himself upon his bond he must show that he has 
paid out or disposed of the funds in his hands in pursuance of law, or 
that he has been prevented from so doing by the act of Gtod, or the pub- 
lic enemy. 

Swift v. Trustees of Schools, 189 111. 588. 

Township treasurers under our statute are made insurers of the funds 
coming to their possession, and nothing should or can excuse them but 
the act of God, or of the public enemy. There would be no surety to the 
public, were not this the rule. A distinct and well defined liability is 
imposed upon them by statute, and if it be not met to its fullest extent, 
the fact that the omission occurred from misfeasance or negligence or 
unavoidable accident, or by a felony committed by another, furnishes 
no defense to the action on the bond. 

Thompson v. Board of Trustees, 30 111. 102. 

Where the bond of the township treasurer is so defective that it is 
not binding at law either upon the principal or sureties, a court of 
chancery will not assume jurisdiction to reform the same so as to make 
it obligatory upon the sureties. If that should be done, the effect 
would be to make a contract for them by decree of court which they 
never made for themselves, compelling them to assume large pecuniary 
liability without any consideration whatever. 
Trustees of Schools v. Otis, 85 111. 181. 

Sureties upon the bond of a township treasurer, who executed the bond 
upon the promise of the officer that he would also execute the same be- 
fore delivery, will be held liable on the bond, even though the treasurer 
may fail to sign it before its acceptance and approval, but if the trustees 
of schools had notice of such condition or notice of such facts, pointing 
to such a condition, as to put a prudent man on inquiry, before they 
accepted the bond, and if they took the bond without performance of 
the condition, they will not be innocent holders, and, therefore, cannot 
enforce the same against the sureties. 
Trustees v. Sheik, 119 111. 579. 
Sheik V. Trustees of Schools, 24 111. App. 369. 



TOWNSHIP TKEASUKER, 85 

The Statute is directory as to the form of the bond, and if the bond 
is substantially as required by the statute, there is no valid objection, 
and where a bond was given, describing the obligees as "Board of Trus- 
tees of Township No. 5, Range No. 9," but omitting the name of the 
county, there is a latent ambiguity that may be aided by averment. 
Trustees of Schools v. Rogers, 7 111. App. 36. 

In a suit upon the official bond of the school treasurer of a township 
by the "Trustees of Schools," etc., it was alleged that the bond was 
made to the plaintiffs by the name of the "Board of Trustees of Town- 
ship," etc., and the bond offered in evidence was payable to the "Board 
of Trustees," etc.; held, that there was no variance, as the Trustees 
of Schools and the Board of Trustees were the same officers. 
Kagay v. Trustees, 68 111. 75. 

It is a settled principle that the transposition, interpolation, omission 
or alteration of some of the words going to make up the name of a 
corporation is not material, if it makes no essential difference in their 
sense. 

Board of Education v. Greenebaum & Sons, 39 111. 614. 

Where the obligor of a bond presented it, signed and sealed in blank, 
for approval, the penalty not being expressed, but afterwards inserted 
in his presence, and with his approval, but in the absence of his sure- 
ties, held, that while he was estopped by his consent, his sureties were 
not holden. 

People v. Organ, 27 111. 27. 

Where the permanent school fund was entirely loaned out at the 
time of the appointment of a township treasurer, and he received the 
notes therefor, but upon his death his administrator failed to account 
for a portion of such notes, these facts were held sufficient to show a de- 
fault on his part to the amount of the notes not found, without proof 
being required that he had collected the same, and his sureties were 
held liable. To exonerate themselves from liability, the sureties of a 
township treasurer must show that he paid out or disposed of the entire 
sum coming under his control according to law, regardless of whether 
the amount is in the form of notes or of cash. 
Trustees of Schools v. Smith, 88 111. 181. 

Where a record of the meeting of the trustees shows that the office 
of treasurer was filled by appointment at the time when by law the 
term would expire, it is conclusive that the appointment was for two 
years from that date, and the sureties on the bond of the treasurer so 
appointed will be liable during the full term of two years from the 
date of such appointment, and cannot be permitted to defend against 
such bond on account of any representations the principal may have 
made to them in regard to its object or purpose at the time it was ex- 
ecuted. 

Ladd V. Board of Trustees, 80 111. 233. 

When a defaulting treasurer misappropriates funds that come to him 
in his official capacity during one term of office, then his sureties for 



86 GENERAL SCHOOL LAW. 

a succeeding term of office are under no legal obligation to make good 
such defalcation. 

Potter V. Board of Trustees, 11 111. App. 280. 

In case of tlie death of a principal debtor to the school fund of a 
township, it becomes the duty of the treasurer to present the claim 
against his estate for allowance without an order from the trustees of 
schools, and if he neglects to discharge such duty he is liable upon his 
official bond. 

McHaney v. Trustees, 68 111. 140. 

A township treasurer should demand, receive and safely keep all 
moneys, books and papers of every description belonging to his town- 
ship, and if the city is liable to the school fund for moneys received 
for license fees, the treasurer should receive the same, but he has no 
authority to receive city warrants in lieu of money. If he receives the 
orders of the city upon its treasurer, he should demand the money, and 
in case it is withheld, sue for and collect the same by legal process. 
Even if the school fund has no right to receive from a city a portion 
of its revenues derived from the license of dram shops, still if the same 
is collected and received by the treasurer, he will be liable to the board 
of trustees for the amount so received and collected. 
Lovingston v. Board of Trustees, 99 111. 565. 

Where a township treasurer, with the consent and under the direction 
of certain school directors, received sundry coupons upon bonds of the 
district in place of money due to the district, and delivered such 
coupons to his successor in office, it was held that the school directors 
were estopped from tendering back the coupons and demanding payment 
of the money. 

Humiston v. Trustees, 7 111. App. 122. 

The approval of the bond of a township treasurer may be evidenced 
by an official indorsement of the members of the board. 
Holbrook v. Trustees, 22 111. 539. 

The provision of the statute, requiring the approval of the treasur- 
er's bond, is merely directory, and parol evidence is admissible to prove 
that a board of education had approved the bond of their treasurer, al- 
though such approval was not entered on the minutes of its proceed- 
ings. Neither is it absolutely essential that there should be an ap- 
proval indorsed upon the bond, provided the bond has been received 
by the board, and acted upon by the parties. 

In a suit upon a treasurer's bond, it appeared that the instrument had 
been written by him with a blank for the names of his sureties and the 
amount of the penalty; that the sureties signed the bond while in that 
condition, and that the blank for the amount of the penalty was subse- 
quently filled by the treasurer and the instrument delivered to the 
board, which had no notice of the filling of the blank subsequent to the 
execution of the bond: held, upon defalcation by the treasurer, that if 
an actual fraiid had been perpetrated by the sureties, it would be un- 
fair and unjustifiable in morals to relieve the sureties from liability 
under such bond. 

Bartlett v. Board of Education, 59 111. 365. 



TOWNSHIP TEEASUEEE. 8'? 

Where a school treasurer releases a mortgage securing a debt due to 
the school fund without an order from the board of trustees, entered 
upon the record of their meeting and subscribed by their president and 
clerk, he will be liable upon his official bond for any loss which may be 
incurred by reason of his act. 

Trustees v. Misenheimer, 78 111. 22. 

When it became known that the school treasurer was in arrears, 
the trustees were anxious to have the matter closed up, and were willing 
the delinquent officer should settle by giving his notes for the sum due 
to the school fund, with sufficient security. Accordingly, notes were 
prepared and executed by the defaulting treasurer, he took them to the 
sureties upon his official bond, who signed the notes, which were then 
delivered to the trustees. No fraud was practiced upon the sureties, 
or either of them, to induce them to sign the notes. Under these cir- 
cumstances it was held that their relation to the principal was that 
of surety and nothing else. 

Baird v. Trustees of Schools, 106 111. 659. 

If a township treasurer succeeds himself, the bond upon his second 
term is liable for what he had in his hands at the end of the first term. 
The accidental circumstance that he succeeds himself does not extend 
the obligation of the first bond, even though no report was made at 
the close of the preceding term. 

Trustees v. Arnold, 58 111. App. 105. 

Under the provisions of section 13, chapter 103, of the Revised Stat- 
utes, a suit may be brought for any breach of a township treasurer's 
bond, and prosecuted to judgment, against the principal and his sure- 
ties, or any one or more of them, or against any one of the sureties, or 
any number of them less than all, or against all the sureties, without 
first obtaining judgment against the principal. The obligation of a 
surety on this bond is not collateral but direct. 

Cassady v. Trustees of Schools, 105 111. 560. 

§ 2. Every township treasurer shall provide himself with two 
well bound books, the one to be called a cash book, the other a 
loan book. He shall charge himself in the cash book with all 
moneys received, stating the charge, when, from whom, and on 
what account received, and credit himself with all moneys paid 
or loaned, stating the amount loaned, the date of the loan, the rate 
of interest, the time when payable, the name of the securities; 
or, if real estate to be taken, a description of the same. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and crediting 
the latter as follows, to- wit: 

First — The principal of the township fund, when paid in and 
when paid out. 



88 



GENERAL SCHOOL LAW. 



Second— The interest of the township fund, when received and 
when paid out. 

Third — The common school fund and other funds, when re- 
ceived from the county superintendent and when paid out. 

Fourth — The taxes received from the county or town collector, 
for what district received, and when and for what purpose 
paid out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources ; and in all cases 
entering the date when received, and when paid out. And he 
shall also arrange and keep his books and accounts in such other 
manner as may be directed by the State or county superintendent 
or the board of trustees. He shall also provide a book, to be called 
a journal, in which he shall record, fully and at length, the acts 
and proceedings of the board, their orders, by-laws and resolu- 
tions. And he shall also provide a book, to be called a record, in 
which he shall enter a brief description of all notes or bonds be- 
longing to the township, and upon the opposite page he shall note 
down when paid, or any remarks to show where or in what con- 
dition it is, as in the following form, viz. : 



Maker's Name. 


Date of Note. 


When Due. 


Amount 


Eemarka. 


A. B., C. D., 
E. F. 


January 1,18.. 


January 1,18. . 


190 00 


January 6, 18 

handed to I. J. , for 
collection, or Janu- 
ary 6, 18 ... , paid. 



All the books and accounts of the treasurer shall at all times 
be subject to inspection of the trustees, directors or other per- 
sons authorized by this act, or by any committee appointed by the 
voters of the township, at the annual election of trustees, to ex- 
amine the same. 



It is not only tlie duty of the treasurer to safely keep and faithfully 
pay over to his successor all moneys in his hands belonging to the town- 
ship, but he is also under bond to keep the books of his office so as to 
show the exact condition of his accounts. He has no right to call upon 
the trustees to hunt up and ascertain what amount he has failed to 
pay over, and in case of his defalcation he cannot insist that the trus- 
tees are bound by the amount which they may have agreed to accept, 
believing that such amount was correct, but which was afterwards found 



TOWNSHIP TREASURER. 89 

to be less than the entire indebtedness of the treasurer, owing to mis- 
representations by him as to certain credits allowed by the expert ac- 
countant employed by the parties interested. 

Whitlow V. Trustees of Schools, 191 111. 457. 
After the execution of his bond, the treasurer made certain entries 
upon his books, and the day he went out of office he made a report to 
the trustees, showing the condition of his account: held, that such re- 
port and the entries made by him in his books are conclusive against 
him and his sureties as to the amount due from him. 

Longan v. Taylor, 130 111. 412. 

Longan v. Taylor, 31 111. App. 263. 
In case the school trustees are legally entitled to one-half the funds 
collected from dram shop licenses, the city collecting such licenses, and 
not the city treasurer, holds the same as trustee, and the school trus- 
tees, in bringing suit for such funds, must proceed against the city and 
not against its treasurer. 

City of East St. Louis v. Launtz, 20 111. App. 644. 

§ 3. Township treasurers shall loan, upon the following condi- 
tions, all moneys which shall come to their hands by virtue of 
their office, except such as may be subject to distribution. The 
rate of interest shall not be less than five per cent, nor more than 
seven per cent, per annum, payable annually, the rate of interest 
to be determined by a majority of the township trustees at any 
regular or special meeting of their board. No loan shall be made 
for less than six months, nor more than five years. For all sums 
not exceeding two hundred dollars loaned for not more than one 
year, two responsible sureties shall be given; for all sums over 
two hundred dollars, and for all loans for more than one year, 
security shall be given by mortgage on real estate unincumbered, 
in value forty per cent, more than the amount loaned, with a con- 
dition that in case additional security shall be at any time required, 
the same shall be given to the satisfaction of the board of trustees 
for the time being: Provided, that nothing herein shall prevent 
the loaning of township funds to boards of school directors, tak- 
ing bonds therefor, as provided in section i, article IX, of this act. 
[As amended by an act approved April 24, 1899.] 

Note. — Whether or not the rate of interest provided by the above seo 
tion is affected by the change in the statute, revising the law in rela- 
tion to the rate of interest, as amended by the act of 1891, is unsettled. 
See R. S., ch. 74. 

The school law, providing that where a board of trustees shall re- 
quire additional security for money loaned and the same is not given, 



90 GENERAL SCHOOL LAW. 

the treasurer shall bring suit to recover the principal and all interest 
due on the obligation, enters into and forms a part of every contract 
for a loan of school funds made under the school law, and in case such 
additional security is demanded and not given, the entire debt matures, 
and if secured by mortgage, the same may be foreclosed in equity, the 
plaintiff not being confined to his remedy in an action at law. 
Board of Trustees v. Davison, 65 111. 125. 

The loan of school funds upon personal security in a larger amount 
than is limited by statute will not render void a note given for such 
loan. The obvious intent of the above section was to protect the school 
funds and the interest of the public therein, and the loan of school 
funds upon personal security in an amount larger than that prescribed 
by law will not render void any note given for such sum. 
Edwards v. Trustees of Schools, 30 111. App. 528. 

The statute requires two responsible sureties for school fund loans, 
and a notice by one of the sureties to the payee thereof to sue, will not, 
in case of a failure to do so within a reasonable time, discharge the 
other. Where there are several signers upon a note given for a portion 
of the school fund, it is presumed that the township treasurer did his 
duty and acted in compliance with the law, and that at least two of 
such signers are sureties. 

Trustees of Schools v. Southard, 31 111. App. 359. 

That public funds can only be loaned with safety to the interest of 
those to whom they belong, by lodging the power to determine the 
validity and sufl&ciency of the required security in some officer, to be 
held responsible for losses resulting from the abuse or negligent exer- 
cise of that power, seems too plain to admit of argument. By the stat- 
ute, that power is vested in the township treasurer, and he will be held 
liable for a failure to take sufficient mortgage security for school funds 
loaned by him, notwithstanding the fact that the loan may have been 
made at the request or by the direction of the board of directors. 

Board of Directors v. Baker, 24 111. App. 232. 
A township treasurer and the sureties on his official bond are liable 
in case the treasurer, acting on the advice of members of the board of 
directors but against his own judgment, loans money belonging to the 
school fund on less security than required by statute. 

Board of Trustees of Township No. 2, etc. v. Baker, 34 111. App. 
620. 

Courts of equity will scrupulously examine the conduct of persons 
acting in fiduciary or trust capacities and protect the trust property 
from waste, whether it arise from actual or constructive fraud of the 
trustee, acting with the party obtaining the undue advantage, or from 
fraud of the latter alone. 

Moore v. School Trustees, 19 111. 87. 

Under a former statute, it was held that if a school commissioner, in 
loaning the school >money for a longer period than one year, on real 
estate security, took the security on real estate to which the mortgagor 



TOWNSHIP TEBASUEEE. 91 

had no title, and the commissioner, by using due caution, could have 
ascertained this fact from the public records or any other accessible 
source of information, he has violated the law, and is at once liable 
on his bond. 

People V. Haines, 10 111. 528. 

§ 4. Notes, bonds, mortgages and other securities taken for 
money or other property due, or to become due, to the board of 
trustees for the township, shall be payable to the said board by 
their corporate name; and in such name, suits, actions and com- 
plaints, and every description of legal proceedings may be had 
for the recovery of money, the breach of contracts and for every 
legal liability which may at any time arise or exist, or upon which 
a right of action shall accrue to the use of such corporation. 
Provided, hozvever, that notes, bonds, mortgages and other se- 
curities in which the name of the county superintendent, or of 
the trustees of schools are inserted, shall be valid to all intents 
and purposes, and suit shall be brought in the name of the 
board of trustees as aforesaid. The wife of the mortgagor (if 
he is married) shall join in the mortgage given to secure the 
payment of money loaned by virtue of the provisions of this 
act. 

rOEM 01" NOTE. 

$ . , 111., —— , 19—. 

after date, for value received, we jointly and severally promise 

to pay to the trustees of schools of township No. , range No. , 

in county, Illinois, the sum of dollars, with interest thereon 

at the rate of per cent, per annum after date until paid, payable 

annually: and we further agree to give any additional security which 
said trustees of schools may at any time require, and that no extension 
of the time of payment, with or without our knowledge, by receipt of 
interest or otherwise, shall release us or either of us from the obliga- 
tion of paying this note. 



The treasurer cannot be regarded as the agent of the board of trus- 
tees: they are each officers whose duties are prescribed by law, and 
they must act within the statutory directions, and they each owe duties 
and are under responsibilities as to the same fund, and were each 
chosen under the law to protect and preserve that fund, — the one a 
check on the other. Neither is the agent of the other. 
Trustees of Schools v. Southard, 31 111. App. 364. 



92 GENERAL SCHOOL LAW. 

§ 5. Whenever there is a surplus of funds in the treasurer's 
hands belonging to any school district, the treasurer may loan the 
same for the use and benefit of such district, upon the written re- 
quest of the directors of said district and not otherwise; and all 
such loans shall be on the same conditions as are prescribed in this 
article for the loaning of township funds. 

The written request of the directors, mentioned in the above section, 
will not constitute a valid defense to an action upon the oflBicial bond 
of the township treasurer, where the breach assigned is the failure of 
the treasurer to take suflacient mortgage security for school funds 
loaned by him. 

Board of Trustees v. Baker, 24 111. App. 232. 

§ 6. The township treasurer shall, on or before the 30th day 
of June, annually, prepare and deliver to the county superintend- 
ent of his county, a statement, verified by his affidavit, showing the 
exact condition of the township funds. Said statement shall con- 
tain a description of the securities, bonds, mortgages and notes 
belonging to the township, giving names of securities, dates, 
amounts of loans, rate of interest, when due, and all data by which 
a full understanding of the condition of the funds may be obtained. 
The county superintendent shall preserve such statement for the 
use of the township. 

§ 7. Mortgages to secure the payment of money loaned under 
the provisions of this act, may be in the following form, viz : 

I, A. B., of the county of and State of do hereby 

grant, convey and transfer to the trustees of schools of township 

, range , in the county of and State of Illinois, for 

the use of the inhabitants of said township, the following de- 
scribed real estate, to wit: (Here insert premises), which real es- 
tate I declare to be in mortgage for the payment of dollars 

loaned to me and for the payment of all interest that may accrue 

thereon to be computed at the rate of per cent, per annum 

until paid. And I do hereby covenant to pay the said sum of 
money in years from the date hereof, and to pay the inter- 
est on the same annually, at the rate aforesaid. I further covenant 
that I have a good and valid title to said estate, and that the same 
is free from all incumbrance, and that I will pay all taxes and as- 
sessments which may be levied on said estate, and that I will give 
any additional security that may at any time be required in writ- 
ing by said board of trustees ; and if said estate be sold to pay said 
debt, or any part thereof, or for any failure or refusal to comply 
with or perform the conditions or covenants herein contained, I 
will deliver immediate possession of the premises. And it is fur- 



TOWNSHIP TEEASUKEK. 93 

ther agreed by and between the parties, in case a bill is filed in any 
court to foreclose this mortgage for non-payment of either prin- 
cipal or interest, that the mortgagor will pay a reasonable solicitor's 
. fee, and the same shall be included in the decree and be taxed as 
costs ; and we, A. B., and C, wife of A. B., hereby release all right 
to the said premises which we may have by virtue of any home- 
stead laws of this State, and in consideration of the premises, C, 
wife of A. B., doth hereby release to said board all her right and 
title of dower in the aforegranted premises for the purpose afore- 
said. 

In testimony whereof, we have hereby set our hands and seals 

this day of , i8 — . 

A. B. (Seal.) 
C. B. (Seal.) 

Which mortgage shall be acknowledged and recorded as is re- 
quired by law for other conveyances of real estate, the mortgagor 
paying the expenses of acknowledgment and recording. 

foem of acknowuedgment. 

State of , \ 

County of .T 

I, , in and for said county, in the State aforesaid, do 

hereby certify that , personally known to me to be the same 

person whose name — — subscribed to the foregoing instrument, ap- 
peared before me this day in person, and acknowledged that — he — 
signed, sealed and delivered the said instrument as free and vol- 
untary act, for the uses and purposes therein set forth, including the 
release and waiver of the right of homestead. 

Given under my hand and seal this day of , A. D. 19 — . 



On payment of any school mortgage in full, it shall be the duty 
of the trustees of schools to give a deed of release of such mort- 
gage or to enter satisfaction thereof upon the record, such deed 
of release or satisfaction to be executed by the township treasurer. 

FORM OF EELEASE. 

Know all men by these presents, that the trustees of schools of town- 
ship , range , in the county of and State of Illinois, for 

and in consideration of one dollar, and for other good and valuable con- 
siderations, the receipt whereof is hereby confessed, do hereby remise, 

convey, release and quit claim unto of the county of 

and State of Illinois, all right, title, interest, claim, or demand what- 
soever acquired in, through or by a certain mortgage bearing date the 
day of , A, D. 19 — , and recorded in the recorder's office of 



94 GENERAL SCHOOL LAW. 

county, in the State of Illinois, as document No. , in book 

of , page , to the premises therein described, as follows, to wit: 

(here insert description), situated in the of , county of 

and State of Illinois, together with all the appurtenances and 

privileges thereunto belonging or appertaining. 

Witness hand — and seal — this day of , A. D. 19 — . 

Trustees of Schools of Township , 

Kange , in County, Illinois, 

by , Township Treasurer. 

State of , \ 

County, i^^- 

I, , in and for said county, in the State aforesaid, do hereby 

certify that — ' , township treasurer, who is personally known to 

me to be the same person whose name is subscribed to the foregoing 
instrument, appeared before me this day in person, and acknowledged 
that he signed, sealed and delivered the said instrument as his free and 
voluntary act, and as the free and voluntary act of the said trustees of 
schools, for the uses and purposes therein set forth. 

Given under my hand and seal, 

this day of A. D. 19—. — , 



§ 8. Upon the breach of any condition or stipulation contained 
in said mortgage, an action may be maintained and damages re- 
covered as upon other covenants ; but mortgages made in any 
other form to secure payment, as aforesaid, shall be valid as if no 
form had been prescribed. In estimating the value of real estate 
mortgaged to secure the payment of money loaned under the pro- 
visions of this law, the value of improvements liable to be de- 
stroyed may be included ; but in any such case said improvements 
shall be insured for the insurable value thereof in some safe and 
responsible insurance company or companies, and the policy or 
policies of insurance shall be transferable to the board of trustees 
as additional security for any loan, and shall be kept so insured 
until the loan is paid. 

§ 9. In all cases where the board of trustees shall require addi- 
tional security for the payment of money loaned, and such security 
shall not be given, the township treasurer shall cause suit to be in- 
stituted for the recovery of the same, and all interest thereon to 
the date of judgment: Provided, that proof be made of the said 
requisition. 

FORM OF DEMAND. 

To (name of borrower) : 

Pursuant to order of the trustees of schools of township No. — ■ — , 
range No. , in county, Illinois, you are hereby reqtiired to give 



TOWNSHIP TKEA.SUKEK. 95 

additional security for the money loaned you from the school fund of 
said township, and in case of your failure to furnish such additional 
security, suit will be instituted for the recovery of said money and in- 
terest thereon, as required by law. 

, 19 — . Township Treasurer. 

The above section of the statute enters into and forms a part of 
every contract for a loan of school funds made under the school law, 
and where such additional security is demanded and not given, the 
whole debt matures, and if the debt is secured by mortgage the same 
may be foreclosed in equity, the plaintiff not being confined to the 
remedy of an action at law. 

Board of Trustees v. Davison, 65 111. 125. 

§ lo. In the payment of debts by executors and administrators, 
those due the common school or township fund shall have a pref- 
erence over all other debts, except funeral expenses, the widow's 
award, and the expenses attending- the last sickness, not including 
the physician's bill. And it shall be the duty of the township treas- 
urer to attend at the office of the probate judge upon the proper 
day, as other creditors, and have any debts, as aforesaid, probated 
and classed, to be paid as aforesaid. 

In case of the death of the principal of any bond, if the creditor 
shall not, within two years after the granting of letters testamentary 
or of administration, present the same to the proper court for allow- 
ance, the sureties thereon shall be released from payment to the extent 
that the same might have been collected of such estate if presented in 
proper time. 

Ch. 132, sec. 3, R. S. 

Debts due to the common school or township funds are entitled to 
priority over certain other claims in the settlement of a decedent's 
estate. 

Ch. 3, sec. 70, R. S. 

"Where the principal debtor to the township school fund dies, it is 
the duty of the township treasurer to present the claim against his 
estate for allowance, and he is liable on his official bond in case of 
failure to discharge that duty. If the treasurer neglects to present 
such a claim for allowance, no more than nominal damages can be re- 
covered in an action on the treasurer's bond, where it does not appear 
but that the sureties are solvent, or that the debt is lost. 
McHaney v. Trustees of Schools, 68 111. 140. 

The statute providing that the surety upon a joint note shall be re- 
leased by a failure of the holder to present the same to the proper court 
for allowance against the estate of the principal upon his death, is not 
merely a statute of limitations, but enters into and forms a part of the 
contract. 

Currey v. Mark, 90 111. 606. 



96 GENERAL SCHOOL LAW. 

Section 3, chapter 132, Revised Statutes, is not a mere statute of limi- 
tations. On the contrary, it forms a part of the contract, upon which 
the sureties have a right to rely, even in case of a note payable to the 
trustees of schools for a loan of school funds. 
House V. Trustees of Schools, 83 111. 369. 

§ II. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treas- 
urer, or in the payment of the principal, interest at the rate of 
twelve per cent, per annum shall be charged upon the principal 
and interest from the day of default, which interest shall be in- 
cluded in the assessment of damages, or in the judgment in the 
suit or action brought upon the obligation to enforce payment 
thereof, and interest as aforesaid may be recovered in action 
brought to recover interest only. The said township treasurer is 
hereby empowered to bring appropriate actions in the name of the 
board of trustees, for the recovery of the yearly interest, when 
due and unpaid, without suing for the principal, in whatever form 
secured ; and justices of the peace shall have jurisdiction of such 
cases of all sums not exceeding two hundred dollars. 

Under the school law of 1845, in order to recover the extra Interest 
allowed by statute in case of default in the payment of school money, 
the declaration should expressly show that the note was given for 
school money borrowed, and should specially claim the penalty of 
twelve per cent, for withholding the money. 

Sexton V. School Commissioners, 19 111. 52. 

The true construction to be given to the act of the 12th of February, 
1849, upon the subject of the school fund, is that said act embraces two 
classes of cases, one where interest is due and unpaid, and the other 
where principal is due and payable. In the former case, the amount of 
unpaid interest bears interest at the rate of twelve per cent, per annum, 
and it may be sued for and recovered in a separate action. In the lat- 
ter case, the principal debt bears interest at the rate of twelve per 
cent, per annum from the time it falls due. 
Trustees of Schools v. Bibb, 14 111. 371. 

§ 12. All suits brought or actions instituted under the provis- 
ions of this act, may be brought in the name of the trustees of 

schools of township No. , range No. , except as provided 

for qui tarn actions, or actions in favor of county superintendents. 

§ 13. The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers of 
every description belonging to his township. He shall keep, the 



TOWNSHIP TREASUEEK. 97 

township funds loaned at interest ; and if, on the first Monday in 
October, in any year, there shall be any interest or other funds on 
hand which shall not be required for distribution, such amount 
not required as aforesaid, may, if the board of trustees see proper, 
forever be considered as principal in the funds to which it be- 
longs, and loaned as such. 

§ 14. On the first Mondays in April and October of every 
year, the township treasurer shall lay before the board of trustees 
a statement showing- the amount of interest, rents, issues and 
profits that have accrued or become due since their last regular 
half yearly meeting, on the township lands and township funds, 
and also the amount of State and county fund interest on hand. 
He shall also lay before the said trustees all books, notes, bonds, 
mortgages and all other evidences of indebtedness belonging to the 
township, for the examination of the trustees ; and shall make 
such other statement as the board may require, touching the du- 
ties of his office. 

§ 15. The said township treasurer shall make out annually, and 
present to the board of trustees, at their meeting succeeding the 
annual election, a complete exhibit of the fiscal affairs of the town- 
ship, and of the several districts or parts of districts in the town- 
ship, showing the receipts of money, and the sources from which 
they have been derived, and the deficit and delinquencies, if there 
be any, and the cause, as well as a classified statement of moneys 
paid out, and the amount of obligations remaining unpaid. 

§ 16. The township treasurer shall, within two days after the 
first Monday of April, and on July fifteenth in each year, make 
out for each district or part of district in the township, a state- 
ment or exhibit of the exact condition of the account of such dis- 
trict or part of district, as shown by his books on April first and 
June thirtieth of each year, which statement or exhibit shall show 
the balance at the time of making the last exhibit, and the amount 
received since, up to the time of making the exhibit, and when 
and from what source received ; and it shall also show the amount 
paid out during the same time, to whom paid, and for what pur- 
pose, and shall be balanced, and the balance shown. It shall be 
the duty of said treasurer to comply with any lawful demand the 
said trustees may make as to the verification of any balance re- 
ported by said treasurer to be on hand. The exhibit shall be sub- 
scribed and sworn to by the treasurer before any officer author- 
7 



98 GENERAL SCHOOL LAW. 

ized to administer an oath, and shall then, by the treasurer, be, 
without delay, delivered or transmitted by mail to the clerk of the 
board of directors of the proper district. It shall be the duty of 
the said clerk, upon receiving such exhibit, to enter the same upon 
the records of the district, and, at the next annual election of di- 
rectors thereafter, to cause a copy thereof to be posted up at the 
front door of the building where such election is held. 

§ 17. For a failure on the part of the treasurer, clerk of any 
board of directors, or any director, to comply with any of the re- 
quirements of the preceding sections of this article, he shall be 
liable to a penalty of not less than five dollars nor more than fifty 
dollars, to be recovered before any justice of the peace of the 
county in which the offense is committed. 

§ 18. When any order drawn for the payment of a teacher, is 
presented to the township treasurer for payment, and is not paid 
for want of funds, the said treasurer shall make a written state- 
ment over his signature by an endorsement on such order, with 
date, showing such presentation and non-payment, and shall make 
and keep a record of such endorsement. Such order shall there- 
after draw interest at the rate of seven per cent per annum until 
paid, or until the treasurer shall, in writing, notify the clerk of 
the board of directors that he has funds to pay such order, and of 
said notice, the said treasurer shall make and keep a record ; after 
giving said notice, he shall hold the funds necessary to pay such 
order until it is presented for payment, and such order shall draw 
no interest after the giving of said notice to said clerk of the boatd. 
[As amended by an act approved April 24, 1899.] 

FORM OF NOTICE. 

To , 

Clerk of District No. , etc. 

You are hereby notified that I have funds on hand to the credit of 

your district with which to pay order No. issued to ■ — for 

wages as teacher in said district. 

Township Treasurer. 

Money in the hands of a township treasurer cannot he reached by 
garnishee process in favor of creditors of a teacher of a public school 
before distribution thereof among the school districts of the township. 
The court intimates no opinion as to the effect of such a proceeding 
after the distribution. 

Millison v. Fisk, 43 111. 112. • • 



TOWNSHIP TKEASUEEK. 99 

Certain garnishees answer that they are school directors; that the 
judgment debtor was employed by them as teacher of the common 
school in the district; that there is due him a certain sum of money, but 
that he has not made out his schedule; that previously the directors 
and teacher had entered into a special agreement that the directors 
should make a schedule payable to a third person; that they had no 
property, means or effects belonging to the teacher in their hands, ex- 
cept the money earned for teaching, and nothing as individuals. Held, 
on the facts on the authority of the ruling in Millison v. Fisk, supra, 
the money then in the hands of the directors was not liable to garnish- 
ment. 

Bivens v. Harper, 59 111. 21. 

§ 19. In addition to the foregoing requirements, it shall be 
the duty of the said township treasurer — 

First — To return to the county clerk of his county, on or before 
the second Monday of August in each year, the certificate of tax 
levy made by each board of school directors in his township. 

Second — To pay, whenever he has funds in his hands belonging 
to the district, all lawful orders drawn on him by the board of di- 
rectors of any school district in his township. 

Third — To collect, from the collector of taxes of the township 
and the county collector of taxes, the full amount of the tax levies 
made by the several boards of directors in his township. 

Fourth — To examine the official record of each school district in 
the township on the first Mondays in April and October of each 
year. 

Fifth — To keep a correct account between the districts where 
pupils are transferred by the directors from one district to another. 

Sixth — To give, upon the order of the trustees of schools, no- 
tice of the election of trustees, as required by law. 

Seventh — To give, in case of the formation of a new school dis- 
trict, notice of the election of a board of school directors. 

Eighth — To cause to be published in some newspaper pub- 
lished in his county an annual statement of the finances of the 
township as required by law. 

Ninth — To make, whenever a change has been made in the 
boundaries of a school district, a complete copy of the records of 
the trustees, a map of the township showing such change of bound- 
aries, and an accurate list of the taxpayers in the newly arranged 
districts, and file the same with the county clerk within twenty 
days of the time such change was made. 

LofC. 



100 GENERAL SCHOOL LAW. 

Tenth — To file and safely keep all poll-books and returns of 
election which may be delivered to him under any provision of 
this act. 

Eleventh — To receive and safely keep all moneys, securities, 
papers and effects belonging to the township or the school dis- 
tricts, which, by law, are required to be deposited with such treas- 
urer. 

Where tlie money deposited by a school treasurer in a bank, witbout 
directions to keep it separate and apart from other money in the bank, 
has become so intermingled that its identity is lost, the treasurer will 
have no priority for its payment out of the funds in the hands of the 
bank's assignee. 

Zerwick v. Weir, 81 111. App. 181. 

It is no defense to an action upon the bond of a township treasurer 
that he used reasonable care in depositing the township money in a 
bank which failed without his prior knowledge of its weakness. Under 
the statute, the sureties upon the treasurer's bond are liable as insurers 
of the township money entrusted to their principal while he is acting 
as such treasurer. 

Swift V. Trustees of Schools, 91 111. App. 221. 

The money of a school district in the hands of a township treasurer is 
a trust fund, but if the treasurer pays it out to the directors of another 
district on their orders by mistake without fraud or collusion, or with- 
out notice to the recipients that it belonged to another district, it is not 
a trust fund in the hands of the recipients which will exclude the opera- 
tion of the statute of limitations. 

School Directors of District No. 5 v. School Directors of District 
No. 1, 105 111. 653. 

§ 20. For any failure or refusal to perform all the duties re- 
quired of the tov/nship treasurer by law, he shall be liable to the 
board of trustees, upon his official bond, for all damages sustained, 
to be recovered by action of debt by said board, in their corpo- 
rate name, for the use of the proper township, before any court 
having jurisdiction of the amount of damages claimed ; but if such 
treasurer, in any such failure or refusal, acted under and in con- 
formity to a requisition or order of said board, or a majority of 
them, entered upon their journal and subscribed by their presi- 
dent and clerk, then, and in that case, the members of the board 
aforesaid, or those of them voting for such requisition, or order 
aforesaid,, and not the treasurer, shall be liable, jointly and sev- 
erally, to the inhabitants of the township for such damages, to be 
recovered by an action of assumpsit in the official name of the 
county superintendents [superintendent] of schools, for the use 



TOWNSHIP TKEASUKEK. 101 

of the proper townships : Provided, that said township treasurer 
shall be liable for any part of the judgment obtained against said 
trustees which can not be collected on account of the insolvency 
of such trustees. 

A school treasurer will be liable upon his official bond for any loss 
sustained in consequence of his act in releasing a mortgage given to 
secure a debt due to the school fund of the township, such release being 
executed without an order of the board of trustees or a majority of 
them, entered upon their journal, and signed by their president and 
clerk. 

Board of Trustees v. Misenheimer, 78 111. 22. 

In case a township treasurer collects and receives from an incorpo- 
rated city a portion of its revenues derived from the license of dram 
shops, he will be liable to the board of trustees for the money so re- 
ceived, even if the school fund of the township is not entitled to re- 
ceive the same. 

Lovingston v. Board of Trustees, 99 111. 564. 

The statute clearly and explicitly imposes upon the treasurer the 
duty of making loans from the school fund upon the request of the board 
of directors, and commands him to take a certain kind and a certain 
amount of security. He cannot relieve himself of liability for a neglect 
of his duty in taking such security by following the directions of a board 
of directors, who have no authority to give such directions. If the di- 
rectors could bind the district in directing the loan to be made on real 
estate of less than double the value of the loan, they could do so by 
directing such a loan to be made on personal security, or without any 
security whatever. 

Board of Trustees v. Baker, 24 111. App. 235. 

. § 21. Whenever a township treasurer shall resign or be re- 
moved, and at the expiration of his term of office, he shall pay 
over to his successor in office, all money on hand, and deliver over 
all books, notes, bonds, mortgages and all other securities for 
money, and all papers and documents of every description, in 
which the corporation has any lawful interest whatever. And in 
case of the death of the township treasurer, his securities and legal 
representatives shall be bound to comply with the requisitions of 
this section, so far as the said securities and legal representatives 
may have the power so to do. And for a failure to comply with 
the requisitions of this section, the persons neglecting or refus- 
ing shall be liable to a penalty of not less than ten (lo) dollars 
nor more than one hundred (lOo) dollars at the discretion of 
the court before which judgment may be obtained, to be recov- 
ered in an action of debt, in the name of the trustees of schools, 
before any justice of the peace, for the benefit of the school 



102 GENERAL SCHOOL LAW. 

fund of such township : Provided, that the obtaining or pay- 
ment of such judgment shall in no wise discharge or diminish 
the obligation of the persons signing the official bond of such 
township treasurer. 

See Criminal Code, R. S., eh. 38, sec. 216. 
It is the duty of a townsliip treasurer at the expiration of his term 
of office to pay over to his successor all moneys received by him during 
the time that he has held office, which he has not legally paid out, re- 
gardless of whether or not he has held such office for more than one 
term. He cannot shield himself from liability by failing to account to 
himself as his own successor. A township treasurer who fails to pay 
over to his successor in office all moneys on hand is liable under the 
foregoing section to the penalty imposed thereby, and is also amenable 
to section 215 of the Criminal Code for his neglect and refusal in that 
behalf. 

Johnson v. The People, 123 111. 624. 
Under the statute creating a school district, the township treasurer is 
authorized to receive all moneys of the district, and upon the appoint- 
ment of a successor to a treasurer, upon giving bond as required by him, 
he may demand of his predecessor all moneys in his hands belonging 
to the district, and such a demand fixes the liability of the predecessor 
and his sureties. 

Bartlett v. Board of Education, 59 111. 364. 
It is the duty of a township treasurer to pay over all moneys in his 
hands to his successor, and on failure to do so suit may be brought 
upon his official bond for said moneys by the trustees of schools, regard- 
less of whether or not an apportionment of such moneys has been made 
among the several districts. 

Trustees of Schools v. Stokes, 3 111. App. 267. 

§ 22. The township treasurers shall receive in full, for all serv- 
ices rendered by them, a compensation to be fixed, prior to their 
election, by the board of trustees. 

The statute forbids the allowance of any compensation to a school 
treasurer for the performance of his official duties, over and above the 
amount fixed by the board of trustees prior to his appointment, and he 
is not entitled to any extra allowance for negotiating or selling certain 
municipal bonds received by him in satisfaction of an indebtedness due 
to the school fund. 

Lovingston v. Board of Trustees, 99 111. 564. 
The treasurer of a board of education, having paid to his succes- 
sor in office the money in his hands without deducting therefrom the 
commissions to which he was entitled under the statute, cannot after- 
wards, having been again elected to the office, withhold from his ac- 
counting to his then successor the commissions to which he might have 
been entitled during his first term of office. He is limited as to such 
commissions to those due upon the funds of the current year. 

Bunn V. The People, 32 111. App. 410. 



BOARD or DIKECTOES. 



103 



Article V. 



BOARD OF DIRECTORS. 



51. 



10. 

11. 
12. 



13. 
14. 

15. 
16. 
17. 
18. 



Board of directors in dis- 
tricts with, less than 1,000 
inhabitants. 

Board of directors a body 
politic. 

Eligibility of school direct- 
ors. 

Non-residence creates a va- 
cancy. 

Annual election and term of 
office. 

Election in new districts. 

Vacancies. 

Notices of election. 

Election in certain cases or- 
dered by township treas- 
urer or county superin- 
tendent. 

Judges; postponement; elec- 
tion on any Saturday. 

A tie vote. 

Delivery of the poll-book, 
and filing of the same; 
certificate. 

Poll-book in union district. 

Penalty for failure to de- 
liver the poll-book. 

Organization of the board. 

Quorum. 

Records. 

Meetings. 



§19. 

20. 

21. 

22. 
23. 

24. 

25. 

26. 

27. 
28. 
29. 

30. 

31. 



32. 



33. 



34. 



35. 



36. 



Business to be done at a reg- 
ular or special meeting. 

President or clerk pro tem- 
pore. 

Report of the organization. 

Reports of statistics, etc. 

Not to be interested in 
school contracts. 

Not to be interested in sale 
of school books, etc. 

Liable to indictment and 
fine. 

Duties defined. 

Additional powers defined. 

Orders on demand. 

Orders in anticipation of 
taxes. 

Liable for balance due 
teachers. 

Vote of the district re- 
quired to locate school 
sites, etc. 

Compensation for school 
site. 

Removal by the county su- 
perintendent. 

Funds paid out upon or- 
ders; form of order. 

Transfer of pupils; sepa- 
rate schedules. 

Directors collect amount 
due from transfer pupils. 



Section i. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any special 
act in relation to free schools now in force, there shall be elected 
in the manner hereinafter provided for, a board of directors to 
consist of three members. [As amended by act approved June 
I, 1889.] 

The election mentioned in the foregoing section must be held within 
the State. An organized district of small territory adjoining the State 



104: GENERAL SCHOOL LAW. 

line united itself to a school district in Wisconsin. An election for 
directors was held by the people of the district at a place within the 
State of "Wisconsin, and it was held that such election was void and the 
directors chosen at the same had no legal right to the office. The right 
of an elector to vote outside of the State for an office within the State 
is not conferred by the constitution or statutes of the State of Illinois. 
School Directors v. National School Furnishing Co., 53 111. App. 
254. 

Women above the age of twenty-one are entitled to vote at any elec- 
tion of school directors, provided they have the qualifications required 
by the act of June 19, 1891, entitled "An act to entitle women to vote 
at any election held for the purpose of choosing any officer under the 
general or special school laws of this State." 
Plummer v. Yost, 144 111. 68. 

The registration law does not include school elections or elections 
other than those within its express terms. 
Bloome v. Hograeff, 193 111. 195. 

§ 2. The directors of each district are hereby declared a body 
politic and corporate, by the name of "School Directors of Dis- 
trict No. , Township No. , Range , County of 

and State of Illinois," and by that name may sue and be sued in 
all courts and places whatever. 

The legality of the organization of a school district cannot be tried in 
a mandamus proceeding. It can be questioned only by a direct pro- 
ceeding against it in the nature of a quo warranto or scire facias. 
People ex rel. Brewster v. Board of Trustees, 111 111. 171. 

The question of the legal existence of a district can be tested only by 
filing an information in the nature of a quo warranto, in a case where 
a number of persons assumed to act as directors of a district claimed by 
them to have been organized legally. 
Renwick v. Hall, 84 111. 163. 

It is not competent to determine the legality of proceedings changing 
the boundaries of school district in defending an application for judg- 
ment for school taxes. The presumption in regard to the acts of school 
officers, when assailed collaterally, is that they are lawful until the con- 
trary is clearly shown. 

People V. Trustees of Estate of Newberry, 87 111. 41. 

The only method by which the legality of the formation of a school 
district can be inquired into is by an information in the nature of a 
quo warranto. In any collateral proceeding the district must be taken 
to have been formed legally. 

Alderman v. School Directors, 91 111. 179. 

A person filing an information against a school district as a corporate 
body thereby admits its legal corporate existence, and such admission 



BOARD OF DIEECTOKS. 105 

includes the legality of its organization, and that the territory included 
therein was legally embraced in said district. 

District No. 7, Hallock Township, v. The People, 75 111. App. 539. 

§ 3. Any person, male or female, married or single, of the age 
of twenty-one years and upwards, who is a resident of the school 
district, and who is able to read and write in the English language, 
shall be eligible to the office of school director: Provided, that no 
person shall be eligible to the office of school director who is at 
the time a member of the board of school trustees. 

When persons are elected directors of the district they assume a pub- 
lic trust. They have charge of the funds and property of the district, in 
trust for the people of the district, and as such they are to be held to 
a strict account. They have no right to allow private interest to con- 
flict or in any manner interfere with their public duties. 
Noble V. School Directors, 117 111. 33. 

§ 4. If any director shall, during the term of his office, remove 
from the district in which he was elected, his office shall thereby 
become vacant and a new director shall be elected, as in other 
cases of vacancy in office. 

§ 5. The annual election of school directors shall be on the 
third Saturday of April, when one director shall be elected in each 
district, who shall hold his office for three years, and until his suc- 
cessor is elected. 

The statute has required an annual reorganization and the intention 
of the statute is that the board organized for the school year shall ex- 
ercise the powers and control the schools of their district during that 
year. 

Davis v. School Directors, 92 111. 296. 

§ 6. In new districts, the first election of directors may be on 
any Saturday, notice being given by the township treasurer, as 
for the election of trustees, when three directors shall be elected, 
who shall, at their first meeting, draw lots for their respective 
terms of office, for one, two and three years. 

§ 7. When vacancies occur, the remaining director or directors 
shall, without delay, order an election to fill such vacancies, which 
election shall be held on Saturday. 

§ 8. Notices of all elections in organized districts shall be given 
by the directors at least ten days previous to the day of said elec- 
tion. Said notices shall be posted in at least three of the most 
public places in the district, and shall specify the place where such 



106 GENERAL SCHOOL LAW. 

election is to be held, the time of opening- and closing of the 
polls, and the question or questions to be voted on. 

FOEM OF NOTICE. 

District Election Notice. 

Notice is hereby given, that on Saturday, the day of , 19 — , 

an election will he held at , in school district No. , township 

No. , range No. , county of and State of Illinois, for the 

purpose of . 

The polls of which election will be opened at o'clock — M., and 

close at o'clock — M. of the same day. 

By order of the school directors of said district. 

Dated this day of , 19—. 



Attest: President. 

Clerk. 

Where the notice of an election fails to state that the question of 
issuing bonds for the purpose of building a school house was to be voted 
on, it was held that the tax levy based upon the action of the voters at 
such election was unauthorized and void, and that a judgment against 
real estate for the non-payment of such taxes was erroneous. 
Thatcher v. The People, 93 111. 241. 

Where the notice of an election for a school district specifies several 
purposes, in such a way as to leave no doubt as to its meaning, it will 
be suflacient, although there may be an omission in it of a copulative 
conjunction. 

Merritt v. Farris, 22 111. 303. 

The law does not require that the notice to be given of an election 
for building a school house or purchasing a site should name any par- 
ticular site, or should state the amount to be borrowed for the purpose 
proposed, or that a single question be submitted at any one election. 
The notice of an election "for the purpose of voting for a school house 
site" for the district and "also for the purpose of voting for or against 
issuing bonds to erect or purchase a school house," was held to be sufii- 
ciently definite and certain as to the site to be voted for or the amount 
of the bonds to be issued, and not objectionable on the ground that it 
embraced two questions. 

People V. Sisson, 98 111. 336. 

The notice of a school election was held to be fatally defective, so far 
as authorizing a bond issue by the directors is concerned, which speci- 
fied the time and place of the meeting and stated its object to be the es- 
tablishment of a school in the district "and providing means to pay for 
the same," but which did not refer to the subject of borrowing money or 
issuing bonds. A tax-payer who attends such an election and seconds 
a motion to raise money by a bond issue will be estopped from question- 



BOARD OF DIEECTORS. 107 

ing the validity of the proceedings, even though the notice of the meet- 
ing was defective. 

Thatcher v. The People, 98 111. 632. 
An election called to vote upon the proposition of building a school 
house and issuing bonds in payment therefor will not he invalidated be- 
cause the members of the board of education were not notified of the 
meeting at which such election was called, provided their meeting was 
a stated meeting for which provision had been made by a regular order. 

Board of Education v. Carolan, 182 111. 119. 

§ g. Should the directors fail or refuse to order any regular or 
special election, as aforesaid, it shall be the duty of the township 
treasurer to order such election, and if the township treasurer fails 
to do so, then it shall be the duty of the county superintendent to 
order such election of directors within ten days, in each case of 
such failure or refusal, and the election held in pursuance of such 
order shall be valid the same as if ordered by the directors. 

§ 10. Two of the directors ordering such election shall act as 
judges, and one as clerk of such election. But if said directors or 
any of them shall fail to order an election, to attend, or shall re- 
fuse to act when present, and in all unorganized districts and in 
elections to fill vacancies, the legal voters when assembled shall 
choose such additional members as may be necessary to act as two 
judges and a clerk of said election : Provided, that if upon the day 
appointed for said election, the said directors or judges shall be 
of opinion that, on account of the small attendance of voters, the 
public good requires it, or if the voters present, or a majority of 
them, shall desire it, they shall postpone said election until the 
next Saturday, at the same place and hour, when the voters shall 
proceed as if it were not an adjourned meeting: And provided, 
also, that if notice shall not have been given as above required, 
then said election shall be ordered as aforesaid and holden on any 
Saturday, notice thereof being given, as aforesaid. 

The legality of the election of school trustees cannot be denied by a 
person who has acted as their secretary and treasurer for eleven years, 
and who has contracted to convey to them certain real estate for a 
school site, although the poll books of the election may be lost. The 
validity of the acts of such trustees has been sanctioned by one who 
has held office under them for a term of years, and who has held it out 
to the public as a legally constituted body. 

Frick V. Trustees of Schools, 99 111. 167. 

The burden of proof will be upon the school district to overcome the 
recitals of officers charged with the duty of issuing the bonds of the 



108 



GENERAL SCHOOL LAW. 



district, as to the legality of the election by which the bond issue was 
authorized and the existence of facts necessary to support their validity. 
Board of Education v. Taft, 7 111. App. 571. 

§ II. In case of a tie vote, the judges shall decide it by lot on 
the day of the election. 

§ 12. Within ten days after every election of directors, the 
judges shall cause the poll-book to be delivered to the township 
treasurer, with a certificate thereon showing the election of said 
directors and the names of the persons elected; which poll-book 
shall be filed by the township treasurer, and shall be evidence of 
said election. 

FOEM OF POLL-BOOK. 

District Poll-iooJc 

Of election held at — — , in school district No. , in township 

No. , range No. , of the P. M., in county, and State 

of Illinois, on Saturday, the day of , 19 — , for the purpose of 

(here insert purpose of election). 



State op Illinois, \ 
County of . j 



We, 



and 



judges' and cleek's oath. 



judges, and 



clerk of said elec- 



tion, do solemnly swear (or afBrm) that we will support the Constitu- 
tion of the United States and the Constitution of the State of Illinois, 
and that we will faithfully discharge the duties of the office of judges 
and clerk of election according to the best of our ability. 



Judges of Election. 



Subscribed and sworn to before me this 



NAMES OF VOTERS. 



Clerk of Election, 
day Of , 19—. 



Number 
of vote. 



Names of Voters. 



Number 
of vote. 



Names of Voters. 



BOAED OF DIEECTOES. 



109 



summaby of votes cast, 

State of Illinois, \ 

County of . J^^' 

At an election held on the day of , 19 — , at in school dis- 
trict No. , in township No. , range No. , in county. 

State of Illinois, the following named persons received the number of 
votes set opposite their respective names for the office of school director 
of said district. 



Names of Persons Voted For. 



Whole Number of Votes Cast 
for Each Person. 



Eeceived 
Received 



CEBTIFICATE OF THE BESULTS OF THE ELECTION. 

We, the undersigned, do hereby certify that the foregoing is a correct 
summary of the votes cast at said election for school director of said 
district, and that elected such director. 



Judges of Election. 



Clerk of Election. 

§ 13. In case of a union district, made up of parts of two or 
more townships, the poll-book shall be returned to the township 
treasurer who receives the tax money for said district. 

§ 14. For a failure to deliver the poll-book within the time pre- 
scribed, the judges shall be liable to a penalty of not less than 
twenty-five (25) dollars nor more than one hundred (100) dol- 
lars to be recovered in the name of the People of the State of Illi- 
nois, by action of assumpsit, before any justice of the peace of the 
county, which penalty, when recovered, shall be added to the town- 
ship school fund of the township. 

§ 15. The directors, within ten days after the annual election 
of the directors, shall meet and organize by appointing one of 
their number president, and another of their number clerk of such 
board of directors. 

§ 16. Two directors shall be a quorum for business. 

Where an honest and reasonable effort has been made to notify the 
absent director, although unavailing, the other two directors may 
legally act. 

School Directors v. Sprague, 78 111. App. 390. 



110 GENERAL SCHOOL LAW. 

§ 17. The clerk of such board of directors shall keep a record 
of all the official acts of the board in a well-bound book provided 
for that purpose, which record shall be signed by the president and 
clerk, and shall be submitted to the township treasurer for his in- 
spection and approval on the first Mondays of April and October, 
and at such other times as the township treasurer may require. 

Tlie clerk of a board of school directors, in. extending a school tax, 
is authorized to act upon, the certificate of the directors, and, there- 
Tore, his failure to record the action of the hoard in determining the 
amount of the tax to be raised, and certifying to the levy thereof, -will 
not render the tax invalid. 

Lawrence v. Traner, 136 111. 476. 

§ 18. The board of directors shall hold regular meetings at 
such times as they may designate ; and they may hold special meet- 
ings as occasion may require, at the call of the president or any 
two members. 

FOEM OF NOTICE OF SPECIAX MEETING. 

To (Name of Director) : 

Dear Sir: You are hereby notified that there will be a special meet- 
ing of the school directors of district No. , in. township No. , 

range No. , in county, Illinois, on the day of , 19 — , 

at the hour of o'clock — M., for the purpose of considering the 

following matters: (Here insert statement of business to be transacted 
at the meeting) . 

Dated , 19—. , 

President. 

If all the members of a board of directors held a meeting by mutual 
agreement, they thereby waive any objections which they might other- 
wise have to the shortness or absence of any notice of the meeting. As 
a general rule, reasonable notice is necessary to require attendance of 
the directors at a special meeting. 

People V. Frost, 32 111. App. 242. 
No notice of the meeting is required to be given to the members of a 
board of education, where the meeting is a regular and stated ipeeting 
of the board, previously provided for by regular order. 
Board of Education v. Carolan, 182 111. 123. 
No formal notice is necessary of a meeting of school directors, where 
there is an agreement to meet on the part of all the directors. 
Olney School District v. Christie, 81 111. App. 304. 

§ 19. No official business shall be transacted by the board ex- 
cept at a regular or special meeting. 



BOAKD OF DIEECTORS. Ill 

A regular meeting is one held at a designated time, but a special 
meeting may be held as occasion may require, on the call of the presi- 
dent or of two members. A petition being filed for a -writ of mandamu^, 
compelling the directors to allow a certain series of text books to be 
used, which were alleged to have been adopted at a meeting at which all 
of the directors were present, the presumption will be that the meet- 
ing was either a regular or a special meeting. 

People V. Frost, 32 111. App. 242. 
The validity of the acts of a board of directors in hiring a teacher 
will not be affected by the fact that the directors proceeded informally, 
and kept no record of their meeting. 

Pollard V. School District No. 9, 65 111. App. 105. 

The contract between the board of directors and a teacher will be 
void unless made at a regular or special meeting of the board. 
Robinson v. School Directors, 96 111. App. 605. 

§ 20. If the president or clerk be absent from any meeting, or, 
being present, refuses to perform his official duties, a president or 
clerk pro tempore shall be appointed. 

§ 21. The clerk of each board of school directors shall report 
to the township treasurer or treasurers of the proper township or 
townships, immediately after the organization of the board, the 
names of the president and clerk of such board. 

§ 22. On or before the seventh day of July, annually, the clerk 
of each board of directors shall report to the township treasurer 
having the custody of the funds of such district, such statistics and 
other information in relation to the schools of his respective dis- 
trict as the township treasurer is required to embody in his report 
to the county superintendent, and the particular statistics to be so 
reported shall be determined and designated by the State Superin- 
tendent of Public Instruction, or by the county superintendent. 

§ 23. No director shall be interested in any contract made by 
the board of which he is a member. 

"Both the letter and the spirit of the law forbid that directors shall in 
any wise, directly or indirectly, openly or covertly, become interested in 
demands or claims originating while they are directors, to be satisfied 
by payments from the funds of their districts; and this construction 
must be rigidly enforced by the courts, without regard to the moral or 
equitable considerations that may be urged to a different policy in par- 
ticular cases." Orders, if drawn by two school directors in favor of a 
third, for labor in repairing a school house and for wood furnished to 
the school, and such orders being paid by the township treasurer, it was 
held that the school district was entitled to recover the money so paid, 
provided the services were rendered or the wood furnished while the 
payee of the orders was director. 

School Directors v. Parks, 85 111. 338. 



112 GENEEAL SCHOOL LAW. 

Members of a district board of education, being trustees of the school 
funds, cannot deal with the fund as purchasers or donees, and bonds 
which they may issue to raise money for the district, and which are sold 
to members of the board, are void, although the same are sold at par. 
Hewitt V. Normal School District, 94 111. 529. 

A school district cannot be held liable upon a promissory note ex- 
ecuted by the school directors in their individual names for a purpose 
connected with the schools but not authorized by a vote of the people 
as required by law. 

School Directors v. Miller, 54 111. 339. 

In case of the sale of land for a school site by a director of the dis- 
trict, the court holds that the above provision is intended for the bene- 
fit and protection of the school district and its inhabitants and tax- 
payers, and that while the contract was still executory it could not be 
enforced; but where it has been fully executed and the purchase-money 
has been paid to the director, and he has made and delivered a deed 
and given possession, and the district has expended several thousand 
dollars in building a school house and improving the property, no court 
of equity would permit either the school director or his grantees or 
creditors to wrest the site of the school house from the district or from 
the township trustees upon any such plea as that the original contract 
for the purchase of the school house site was unlawful. 
Rich V. Trustees of Schools, 158 111. 246. 

§ 24. No director shall be interested in the sale, proceeds or 
profits of any book, apparatus or furniture used or to be used in 
any school in this State with which he may be connected. 

§ 25. Any person offending against the provisions of the two 
preceding sections shall be liable to indictment, and upon convic- 
tion, shall be fined in any sum not less than twenty-five (25) dol- 
lars and not more than five hundred (500) dollars, and may be 
imprisoned in the county jail not less than one nor more than 
twelve months, at the discretion of the court. 

§ 2.6. It shall be the duty of the board of directors of each dis- 
trict — 

First — At the annual election of directors to make a detailed re- 
port of their receipts and expenditures to the voters there present, 
and transmit a copy of such report to the township treasurer 
within five days from the time of said election. 

Second — To report to the county superintendent within ten days 
after their employment, the full names of all persons employed as 
teachers, the date of the beginning and the end of their contract. 

Third — To provide for the necessary revenue to maintain free 
schools in their district in the manner provided for in article VIII 
of this act. 



BOAED OF DIKECTOES- 113 

Under the law of 1857, it was a duty imposed upon the directors to 
levy and collect a tax sufficient to keep the schools of the district in 
successful operation for six months in each year, which amount should 
be over and above the receipts from state and township fund. 
Merritt v. Farris, 22 111. 310. 

A court of equity will not enjoin a tax for mere error, if it is at- 
tempted to be levied by an officer de facto under authority incident to 
his office, but may do so if the levy is by one without pretense of au- 
thority or color of office to which such a right is incident. 
Munson v. Minor, 22 111. 595. 

Two of the board of trustees of schools, where they concur in opinion, 
can legally perform any act which the board is authorized to do, "Where 
the directors hold office de facto or de jure, their acts in levying a tax 
will not be questioned by a court of equity for mere irregularities, but 
equity will relieve if the tax is attempted for the benefit of the direct- 
ors, acting corruptly in fraud of law. 
Scofield V. Watkins, 22 111. 66. 

The school law of 1857 required that a tax for the erection of a school 
house should be voted by the people. If a debt was incurred for this 
purpose, and a judgment was oustanding, a mandamus, commanding the 
assessment and levy of the tax, was a proper proceeding. 
Beverly v. Sabin, 20 111. 357. 

Under the act of 1861, no tax could be levied for erecting or repair 
of school houses or for the support of schools on lands more than 
three miles distant from the location of the house or school, and a judg- 
ment against lands for non-payment of a tax levied in violation thereof 
was held erroneous. A judgment cannot be rendered for taxes, a part 
of which are shown by the record to be illegal. 
Campbell v. The State, 41 111. 454. 

Any attempt of the board of directors to levy a tax upon property lo- 
cated in territory detached from their district will be illegal, and may 
be enjoined, the powers of directors being limited to the territory within 
the boundaries of their district at the time of the levy. 
School Directors v. School Directors, 135 111. 464. 

Fourth — When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collectors 
of said townships, and the collector or collectors of the county or 
counties in which said townships lie, in writing, under their hands 
as directors, which of the treasurers of the townships from which 
their district is formed shall demand and receive the tax money 
collected by the said collector as aforesaid. 

Fifth — To establish and keep in operation for at least one hun- 
dred and ten (no) days of actual teaching in each year, without 
reduction by reason of closing schools on legal holidays, or for 
any other cause and longer if practicable, a sufficient num^ber of 



114: GBNEEAL SCHOOL LAW. 

free schools for the accommodation of all children in the district 
over the age of six (6) and under twenty-one (21) years, and 
shall secure for all such children the right and opportunity to an 
equal education in such free schools. 

School directors are not discliarged from duty imposed upon them 
by this clause on account of the failure of a proposition to build a 
school house at an election held for that purpose, as they have power 
to lease a suitable room or rooms for establishing a school without sub- 
mitting the question to the electors. 

School Directors v. The People ex rel. Heinreichs, 186 111. 331. 

Children of school age, actually dwelling in the school district with 
a guardian exercising parental control over them and their estate, are 
entitled to admission to the public schools of the district in which they 
and their guardians are domiciled. 

Board of Education v. Lease, 64 111. App. 60. 

Sixth — To adopt and enforce all necessary rules and regula- 
tions for the management and government of the schools. 

In the performance of their duty in carrying the law into effect, the 
directors may prescribe proper rules and regulations for the govern- 
ment of the schools of their district and enforce them. They may, no 
doubt, classify the scholars, regulate their studies and their deport- 
ment, the hours to be taught, besides the performance of other duties 
necessary to promote the success and secure the well-being of such 
schools. But all such rules and regulations must be reasonable and 
calculated to promote the objects of the law, — the conferring of such an 
education upon all, free of charge. The law having conferred upon 
each child of proper age the right to be taught the enumerated 
branches, any rule or regulation which, by its enforcement, would tend 
to hinder or deprive the child of its right cannot be sustained. All 
rules must be adapted to the promotion and accomplishment of this 
great and paramount object of the law, 
Rulison V. Post, 79 111. 571. 

A rule which prohibits a child who has, just reached school age from 
entering school at any time during the year except the first month of the 
fall and spring terms respectively, is unreasonable and cannot be sus- 
tained. 

Board of Education v. Bolton, 85 111. App. 92. 

A rule, requiring children living within the territory of a certain sub- 
district to attend a school provided for that sub-district, is a reasonable 
rule. 

People ex rel. Lemen v. Board of Education, 26 111. App. 481. 

A rule, barring the doors of school houses against little children com- 
ing from great distances in the winter, for being a few minutes tardy, 
is unreasonable and unlawful, and in its practical operation little less 
than wanton cruelty. 

Thompson v. Beaver, 63 111. 353, 



BOARD OF DIEECTOES. 115 

A rule, refusing to admit certain children to a public school, unless 
they brought with them a written excuse for previous absence, was con- 
sidered by the court on a petition for a mandamus, but whether or not 
such rule was reasonable was not determined. 
Christmas v. Peck, 90 111. 150. 

A public officer, when acting in good faith, is never to be held liable 
for erroneous judgment in a matter submitted for his determination. 
Accordingly a rule was sustained as reasonable which required pupils 
who were absent more than six half days to bring a written excuse from 
their parents, and which provided that upon failure to do so they should 
be suspended or expelled. 

Churchill v. Fewkes, 13 111. App. 521. 

Under the power to prescribe necessary rules and regulations for the 
management and government of the schools, the trustees may undoubt- 
edly require classification of pupils with respect to the branches of study 
they are respectively pursuing, and with respect to proficiency or degree 
of advancement in the same branches, and that there shall be prompt at- 
tendance, diligence in study, and proper deportment. No parent has the 
right to demand that the interests of the children of others shall be 
sacrificed for the interests of his child, and he cannot consequently in- 
sist that his child shall be placed or kept in classes, when by so doing 
others will be retarded in advancement they would otherwise make, or 
that his child shall be taught studies not in the prescribed course of the 
school, or be allowed to use a text book different from that decided to be 
used in the school, or that he shall be allowed to adopt methods of 
study that interfere with others in their studies. The rights of each 
are to be enjoyed and exercised only with reference to the equal rights 
of all others. 

The State has not attempted to deny by law all control by the parent 
over the education of his child. Upon the contrary, the policy of our 
law has ever been to recognize the right of the parent to determine to 
what extent his child shall be educated during minority, presuming that 
his natural affections and superior opportunities of knowing the phys- 
ical and mental capabilities and future prospects of his child will in- 
sure the adoption of that course which will most effectually promote the 
child's welfare. But it is the policy of the law to v/ithdraw from the 
parent the right to select the branches to be studied by the child, to the 
extent that the exercise of that right would interfere with the system of 
instruction prescribed for the school and its efficiency in imparting edu- 
cation to all entitled to share in its benefits. 

Trustees v. The People ex rel. Van Allen, 87 111. 307. 

In the performance of the duties imposed by law upon school direct- 
ors, they must exercise judgment and discretion. What rules and regu- 
lations will best promote the interests of the school under their im- 
mediate control, and what branches shall be taught, and what text books 
shall be used, are matters left to the determination of the directors, and 
must be settled from the best light they can obtain from any source, 
keeping always in view the good of the school. A mere mistake in 



116 GENERAL SCHOOL LAW. 

judgment, either as to their duties under the law or as to facts submit- 
ted to them, ought not to subject such officers to an action. 
McCormick v. Burt, 95 111. 264. 

School directors have no right, either under their own rules or by 
order of the State Board of Health, to refuse admission to the public 
schools to children declining to be vaccinated, unless it is reasonably 
apparent that such a rule is necessary in order to prevent the develop- 
ment or spread of smallpox in the community. 

Potts V. Breen, 167 111. 67, affirming School Directors v. Breen, 
60 111. App. 201. 

Neither the municipality nor its board of health nor the Board of 

Health of the State of Illinois has power to compel the vaccination of 

children as a prerequisite to their attendance at public schools, unless 

such course can be justified as a necessary means for preserving health. 

Lawbaugh v. Board of Education, 177 111. 574, reversing 66 111. 

App. 159. 

A general grant of power to municipal corporations to do all acts 
dnd make all rules necessary for the preservation of public health has 
been held sufficient to vest in the public authorities power to enforce in 
cases of emergency, rendering it reasonably necessary, a regulation re- 
quiring children to be vaccinated, as a condition of their admission to 
the public schools. 

State ex rel. Freeman v. Zimmerman (Minn.), 58 L. R. A. 78. 

Habitancy, rather than legal domicile, determines the question of 
residence, as applied to children of school age. Such children, who re- 
side with a guardian exercising control over their persons and estate, 
are entitled to admission to the public schools of the district in which 
they and their guardian reside. 

Board of Education v. Lease, 64 111. App. 60. 

Whether or not rules adopted by the school directors are reasonable, 
must be determined in view of the facts of each particular case, and is 
always a question of law for the court. 

Roberson v. Troutt, 17 111. App. 386. 

The free schools of the State are public institutions, and the law con- 
templates that they should be so managed that all children within the 
district, between the ages of six and twenty-one years, regardless of 
race or color, shall have the same right to participate in their benefits. 
School directors have' no power to make class distinctions, neither can 
they discriminate between scholars on account of their color, race or 
social position. They have no power to maintain a separate school, 
solely to instruct three or four colored children of the district, who 
might be accommodated at the regular school house with other scholars. 
Chase v. Stephenson, 71 111. 383. 

Under the rules adopted by the board of education of the city of 
Quincy, colored children were excluded from the public schools in the 
district where they resided, and required to attend a school composed 
exclusively of colored children, known as the Lincoln School. Under 
the operation of these rules, a colored child could not attend the school 



BOAED OF DIKECTOKS. 117 

in the district where such child resides, on account of its color, but was 
compelled to travel perhaps several miles to a distant part of the city, 
to attend a colored school. This rule was a direct violation of the 
statute, which says the board is prohibited from excluding, directly or 
indirectly, any such child from such school on account of color. Under 
the laws of Illinois, as well as under the Fourteenth Amendment to the 
constitution of the United States, directors of schools and boards of 
education cannot deny to the pupil of school age admission to the public 
schools by reason of nationality, color or religion. 

People ex rel. Longress v. Board of Education, 101 111. 308. 

Seventh — To visit and inspect the schools from time to time as 
the good of the schools may require. 

Eighth — To appoint all teachers and fix the amount of their sal- 
aries. 

FOBM OF CONTBACT WITH TEACHEB. 

This agreement, made this day of , A. D. 19 — , by and 

between , of , of the county of and State of Illinois, 

party of the first part, and the school directors of district No. , 

township No. , range No. , county of and State of Illinois, 

a corporation created and existing under the school law of the State of 
Illinois, party of the second part, 

Witnesseth: That the said party of the first part, for and in consider- 
ation of the payment to h of the sums hereinafter mentioned to be 

paid for h services, agrees to serve said district as teacher in the 

public school therein, for and during the term of months, com- 
mencing on the day of , 19 — , and continuing till the end of 

said term. 

And the said party of the first part further agrees, that during the 

continuance of said term he v/ill in all things conduct h in a 

reputable and exemplary manner, both before h pupils and among 

the people of said district, and as becomes a teacher in a public school, 
and will employ h time and best efforts in educating the pupils at- 
tending such school in the different branches taught therein, and that 
he will in all things conform to the rules and regulations estab- 
lished by said school directors for the government and regulation of 
said school. 

The said party of the second part, in consideration of the promises 
and agreements of said party of the first part, hereby agree, for them- 
selves and their successors in office, to employ the said party of the 
first part in the capacity of teacher in the public school in said district, 

for and during the term of months, commencing on the day of 

, A. D. 19 — , and continuing until the end of said term, and for 

h services in that behalf as such teacher to pay h the sum of 

dollars per month for each and every month of said term, payable 

at the expiration of each month; time to be computed in accordance 
with the provisions of the school law of said State. 



118 GENERAL SCHOOL LAW. 

• Provided, that in case the said , party of the first part, shall 

be dismissed from said employment hy the school directors of said dis- 
trict, tor incompetency, negligence, immorality, wilful violation of the 
rules and regulations established hy the directors for the management 
of such school or for a breach of any of the stipulations in this contract, 
or for any other sufficient cause, or in case h certificate shall be re- 
voked by the county superintendent of schools of said county, then the 
said shall not be entitled to any compensation after such dis- 
missal or revocation. 

And the said party of the second part agrees with said party of the 
first part, that during the existence of this contract, they as 'such school 

directors will help and assist h in all reasonable and lawful ways 

to maintain and support a public school in said district, and to that 
end will keep the school house in said district in good repair, and fur- 
nished with fuel and all necessary appliances and conveniences for the 
use of public schools. 

In witness whereof, the said parties have hereunto set their hands, 
the day and year first above written. 

Executed in duplicate. , 

Teacher. 



School Directors of District No. . 

School directors may make a contract with a teacher for a term that 
extends a reasonable time beyond the current school year, provided such 
contract is made in good faith, and not for the purpose of forcing an 
unsatisfactory teacher upon the district, but they have no power to 
make contracts with teachers for their employment for terms which 
commence after the expiration of the current school year. 
Stevenson v. School Directors, 87 111. 255. 

In case two of the three school directors agree to the employment of 
a teacher, who has the proper certificate of qualification at the time of 
such employment, and he renders services as teacher in accordance 
with the contract, and makes out and delivers to one of the directors 
the schedule required by law, and such director signs and retains the 
same, the teacher will be entitled to recover the wages stipulated in the 
agreement. 

Adkins v. Mitchell, 67 111. 511. 

One board of school directors has no power under our school law to 
make contracts wholly to be carried out in the future and to divest 
future boards of the power to select the teachers they shall desire for 
the terms to be commenced after their organization. 
School Directors v. Hart, 4 111. App. 225. 

Directors cannot be permitted, five days before the expiration of the 
current school year, to hire a teacher, who is perhaps obnoxious to the 



BOAED OF DIKECTOES. 119 

people of the district, to teach a term of three months, or nearly so, into 
the ensuing school year. 

Cross V. School Directors, 24 111. App. 193. 

Parol evidence is admissible to prove the acts of school directors with 
reference to the employment of a teacher, in a case where the clerk of 
the board has failed to make the proper minutes upon his ofQcial record. 
In case of the wrongful discharge of a teacher before the expiration 
of his term of service, the measure of damages is the wages agreed to 
be paid, less what the plaintiff actually earned in the same line of em- 
ployment, or might liave earned by the exercise of reasonable diligence, 
and the burden of proving the plaintiff's actual or possible earnings is 
upon the defendant. 

School Directors v. Kimmel, 31 111. App. 537. 

Pending the appeal of an action, questioning the validity of an elec- 
tion of school directors, the acts of the de facto directors, in employing 
a teacher, will be sustained. 

School Directors v. Tingley, 73 111. App. 471. 

The law fixed the first Saturday of April in each year as the time 
for the election of a school director in each district, and the school year 
commences at that time. The law contemplates that the board organ- 
ized for a given year shall exercise the powers and perform the duties 
imposed by statute during that year. An agreement made by one of the 
directors on March 25th for the employment of a teacher for three 
months from April 17th following, was held invalid. The regular elec- 
tion was not held on April 5th, but was deferred to April 15th, at which 
time another person was elected in the place of the one who had made 
said agreement". A majority of the new board rightfully refused to 
sanction or recognize the contract. A single director had no power to 
make such a contract, and the board of directors had no authority to 
employ a teacher to render services in the ensuing school year. 
Davis V. School Directors, 92 111. 293. 

By the express terms of the contract of employment, the rules and 
regulations of the board were to be binding on the teacher, and the rule 
in force when the contract was made, that the directors might require 
teachers employed by them to teach in any department that in their 
judgment the best interests of the schools might demand, was binding 
upon the teacher, and the right of the board to assign the teacher to a 
school other than that originally contemplated was sustained. 
City of Jacksonville v. Akers, 11 111. App. 393. 

The employment of teachers is a part of the oflScial business of boards 
of school directors, and the law requires that all such business shall be 
transacted at a regular or special meeting of the board. 
School Directors v. Jennings, 10 111. App. 643. 

There is no implied contract on the part of the teacher to teach the 
pupil, or upon the pupil to attend the school. The only contract which 
the teacher has is with the school directors. He has no contract with 
the pupil. 

Stuckey v. Churchman, 2 111. App. 585. 



120 GENERAL SCHOOL LAW. 

Ninth — The directors shall direct what branches of study shall 
be taught, and what text books and apparatus shall be used in the 
several schools, and strictly enforce uniformity of text books 
therein, but shall not permit text books to be changed oftener than 
once in four years, but shall prohibit such change/ 

The limitation upon this power arises out of the constitution itself, 
and is that such schools shall be distinctively English schools, in which 
the medium of instruction is the English language. There can be no 
valid objection to teaching German or other modern language as a 
branch of study in common schools, where the medium of instruction 
in such schools is the English language. 

Powell V. Board of Education, 97 111. 387. 

The above clause is the only provision in the school law which con- 
fers the power or duty to specifically direct what branches of study shall 
be taught and what text books or apparatus shall be used in the sev- 
eral schools, prescribing uniformity of text books, but limiting the right 
to change text books oftener than once in four years. 
People V. Board of Education, 175 111. 16. 

Tenth — The directors shall have power to purchase, at the ex- 
pense of the district, a sufficient number of the text books used to 
supply children whose parents are not able to buy them. The text 
books bought for such purpose shall be loaned only, and the di- 
rectors shall require the teacher to see that they are properly cared 
for and returned at the end of each term of school. 

The above clause does not authorize boards of directors to purchase 
and make a free distribution of text books to all children. The power 
hereby conferred must be construed strictly. 

Harris et al. v. Kill (App. Ct., 1st Dist., June 17, 1903). 

Eleventh — The directors shall, on or before the seventh day of 
July, annually, deliver to the township treasurer all teachers' sched- 
ules made and certified as required by the provisions of article VII 
of this act, covering all time taught during the school year, ending 
June 30th, and the directors shall be personally liable to the dis- 
trict for any loss sustained by it, through the failure of the direct- 
ors to examine and so deliver such schedules within the time fixed 
by law. 

Tzvelfth — The directors shall not pay out any public money to 
any teacher unless such teacher shall, at the time of his or her 

1 See act requiring and regulating the study of physiology and hy- 
giene, approved June 9, 1897. 



BOARD OF DIKECTOKS. 121 

employment, hold a certificate of qualification, obtained under the 
provisions of this act, covering the entire period of his or her em- 
ployment.^ 

A teacher under tlie school law of 1849 was not entitled to any por- 
tion of the school fund unless he obtained the requisite certificate of 
qualification and presented it to the school directors before the com- 
mencement of his service. 

Casey v. Baldridge, 15 111. 65. 

Under the school law of 1849, directors were not bound to certify the 
schedule of a teacher who did not present them the proper certificate of 
qualification before the commencement of the school. 
Smith V. Curry, 16 111. 147. 

The acts of 1849 and 1855, in relation to schools, were in terms re- 
pealed by the school law of 1857. Under the act of 1857, a teacher was 
not entitled to any portion of the school fund unless he obtained the req- 
uisite certificate of qualification and exhibited it to the school directors 
before his employment. This provision was not affected by the act 
of February 16, 1865. 

Botkin V. Osborne, 39 111. 101. 

The present school law requires that the teacher possess a proper cer- 
tificate of qualification at the time of his employment, whereby he is en- 
titled to teach during the entire period of his contract, as an indispen- 
sable condition to the payment to him of any portion of the public 
money for his services. 

Stanhope v. School Directors, 42 111. App. 571. 

A board of school directors has no power to employ a teacher who has 
not, at the time the contract is made, a certificate of qualification as 
provided by the school law, and any contract made with a teacher not 
having such certificate is void, so as not even to be susceptible of ref- 
ormation. 

School Directors v. Jennings, 10 111. App. 645. 

A teacher must prove, or offer to prove, the possession of a certificate 
of qualification at the time of his employment, in order to entitle him to 
recover under a contract to teach. 

Stevenson v. School Directors, 87 111. 255. 

In case of the employment of a teacher not possessing a certificate of 
qualification to teach a school for six months, and after the expiration 
of three months he obtained the certificate and the directors then made 
an additional contract witl^ him, covering the remaining three months, 
at double the amount of his original salary, the court held that the 
original contract was void, and that the new contract, being an attempt 
on the part of the directors to evade the provisions of the law, was 
void as to the increased amount of salary. 
Wells V. The People, 71 111. 532. 

1 See section 5, article VII. 



122 GENEEAL SCHOOL LAW. 

Thirteenth — The directors shall not pay any public funds to 
any teacher unless such teacher shall have kept and furnished 
schedules as required by this act, and shall have satisfactorily ac- 
counted for books, apparatus and other property of the district 
that he may have taken in charge. 

However regular all anterior proceedings of a scliool teacher up to 
tlie time of presenting his schedule to the directors were, under the 
lav/- of 1855, unless the schedule was properly certified and presented in 
proper time, the payment for his services could not be enforced against 
the trustees of schools by a bill in chancery. 
Cotton V. Reed, 20 111 607. 
In an action by a teacher who has been wrongfully discharged, to re- 
cover his wages for the whole term, he is not obliged to aver in his dec- 
laration that he kept a schedule subsequent to the time of his discharge. 
School Directors v. Reddick, 77 111. 628. 
A teacher may recover under his contract, even though he has not 
kept and cannot furnish a schedule, in a case where the school is broken 
up because of the failure of the directors to provide a room after the de- 
struction of the school house by fire. 

School Directors v. Crews, 23 111. App. 367. 
A teacher may recover for her services, when she has completed the 
term and has offered to deliver the schedule and register to the clerk, 
but was prevented from doing so by his refusal to receive them. 
School Directors v. Sprague, 78 111. App. 390. 

Fourteenth — The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors 
shall at once make out and deliver to the teacher an order upon 
the township treasurer for the amount named in the schedule ; 
which order shall state the rate at which the teacher is paid ac- 
cording to his contract, the limits of time for which the order 
pays, and that the directors have duly certified a schedule cover- 
ing this time. But it shall not be lawful for the directors to draw 
an order until they have duly certified to the schedule; nor shall 
it be lawful for the directors, after the date of filing schedules as 
fixed by law, to certify any schedule not delivered to them before 
that date by the teacher, when such schedule is for time taught 
before the first of July preceding, nor to give an order in payment 
of the teacher's wages for the time covered by such delinquent 
schedule. 

Fifteenth — At the annual election of directors, the directors 
shall cause a copy of the township treasurer's report of the finan- 
cial condition of the district, provided by law, to be posted upon 
the front door of the building where such annual election is held. 



BOAKD OF DIKECTOES. 123 

§ 27. The board of school directors shall be clothed with the 
following additional powers : 

First— To use any funds belonging- to their district, and not 
otherwise appropriated, for the purchase of a suitable book for 
their records. And the said records shall be kept in a punctual, 
orderly and reliable manner. 

The statute does not make the record kept by the clerk fhe only evi- 
dence of the acts of the directors, and unless the law expressly and im- 
peratively requires all matters to appear of record, and makes the rec- 
ord the only evidence, parol proof is admissible to prove things omitted 
to be stated in the record. 

School Directors v. Kimmel, 31 111. App. 542. 

A full record should be kept of the reasons assigned for the dismissal 
of a teacher, because the directors are bound thereby, and are estopped 
from showing any other or different causes. 
Neville v. School Directors, 36 111. 73. 

Second — Said directors may, where they deem the amount of 
labor done sufficient to justify it, allow the clerk of such board of 
directors, out of any funds not otherwise appropriated, compensa- 
tion for duties actually performed. 

Third — They shall have power to dismiss a teacher for incom- 
petency, cruelty, negligence, immorality or other sufficient cause. 

A certificate of qualification of a school teacher is prima facie 
evidence that he is qualified to perform his duties, and if the directors 
discharge him on the ground of incompetency and neglect of duty, the 
burden of proof is upon them to prove those facts in an action by the 
teacher for the salary agreed to be paid him for his services. 
Neville v. School Directors, 36 111. 71. 

School directors cannot capriciously discharge a teacher before the ex- 
piration of the time for which he or she was employed. In the language 
of the statute, it must be for "incompetency, cruelty, negligence, im- 
morality or other sufficient cause." The burden of proving the incom- 
petency of the teacher rests on the party alleging it. 
School Directors v. Reddick, 77 111. 628. 

When a teacher is selected and employed, the contract is for the 
personal services of that teacher. The teacher cannot fulfill the con- 
tract by hiring a substitute. If a teacher leaves her position and places 
a substitute in her stead and fails to resume her place when requested 
by the school authorities, good cause will be furnished thereby for the 
discharge of such teacher by the directors. 

School Directors v. Hudson, 88 HI. 563. 

The law contemplates that teachers should possess innate virtue and 
morality. Ability to teach the branches prescribed by statute does not 



124 GENERAL SCHOOL LAW. 

alone qualify a person to teacli our youth. In addition thereto, they 
should be persons who for their known virtue and morality are -fitted to 
be trusted with the dearest treasures of the father and mother, — the 
person and mind of their child. They should be entitled to and receive 
the entire confidence of the patron and pupil. If suspicion of vice or 
immorality be once entertained against the teacher, his influence for 
good is gone, the parents become distrustful, the pupils contemptuous, 
and the school discipline essential to success is at an end. 
Tingley v. Vaughn, 17 111. App. 351. 

The repeated intoxication of a school superintendent at times when 
he was or should have been attending to his duties, shows such a 
palpable neglect of official duty as to justify his removal from office. 
People V. Mays, 117 111. 257, affirming 17 111. App. 361. 

The fact that a remonstrance against the employment of a teacher 
had been circulated in his district and signed by divers persons, is not 
a proper test of his competency in an action brought by a discharged 
school teacher for the recovery of a balance claimed to be due for his 
salary. The certificate of qualification from the county superintendent 
may be overcome by proof of incompetency, but it cannot be im- 
peached, nor can it be invalidated by improper introduction of testi- 
mony, tending to show that such teacher was not in fact examined. 
Doyle V. School Directors, 36 111. App. 653. 

The contract provided that the teacher should be employed to teach 
for a specified time, "provided he gave satisfaction," and the court 
held the effect of such provision to be that the directors reserved the 
right to determine what was satisfactory service on the part of the 
teacher, and were not limited by the provisions of the statute relating 
to the discharge of teachers, but are limited only by the implied obliga- 
tion to determine in good faith and without passion, prejudice or ca- 
price. 

School Directors v. Ewington, 26 111. App. 379. 

The incompetency of a teacher is a question of fact, to be determined 
by the jury from all the evidence in the case. The school law does not 
authorize the directors to dismiss a teacher, unless she is in fact in- 
competent. She is not barred of her right to recover her wages simply 
because the directors thought her incompetent, and dismissed her for 
that reason, if in fact she was competent at that time. 
Ewing V. School Directors, 2 111. App. 461. 

The proof showed that the teacher, during the fall and winter season, 
when the regular hour for opening school was nine o'clock in the morn- 
ing, was tardy two or three days in every week for from fifteen to thirty 
minutes, and that he had the key to the school house in his possession, 
so that pupils could not enter until he arrived, and that the directors 
had ineffectually remonstrated with him repeatedly concerning his con- 
duct in this respect. The court held that the directors were warranted 
in dismissing the teacher for the reasons above stated. 
School Directors v. Birch, 93 111. App. 499. 



BOARD OF DI2ECT0ES. 125 

"The evidence discloses the fact that the directors dismissed the 
plaintiff as a teacher upon what they considered a suflBcient cause, and 
it is undisputed that upon one occasion, shortly before the teacher was 
dismissed, one of the male pupils accosted the teacher in the school 
room, and in the presence of the scholars, and inquired if he, the 
teacher, had said that he, the boy, was the dullest scholar in the school. 
After some colloquy between teacher and pupil about the matter, which 
does not appear from the evidence to have been offensive on the part 
of the boy, the teacher in anger struck the boy upon the head, either 
with his fist or open hand, about which there is conflict, so violently 
that he fell against a seat within the school room. Whereupon the 
teacher seized him and forcibly put him into the seat. Either by the 
blow or by falling against the seat, the boy was injured upon the head, 
not seriously or dangerously however. The directors investigated this 
accident in the presence of the school, and for this purpose examined 
some of the pupils, and during such examination, the teacher being pres- 
ent, he interrupted some of the pupils during their answers to inquiries 
by the directors, and called them liars. Upon the whole evidence, we 
are constrained to the conclusion that in this particular school the 
plaintiff failed to portray the requisite qualities of temper, discretion 
and fortitude of a good teacher, and thereby and by his own fault de- 
prived the school of the benefit of all the good qualities he commanded. 
The directors were justified in dismissing him, as they did, for sufficient 
cause." 

Robinson v. School Directors, 96 111. App. 604. 

Fourth — They shall have power to assign pupils to the several 
schools in the district ; to admit non-residents when it can be done 
without prejudice to the rights of resident pupils, to fix rates of 
tuition; collect and pay the same to the township treasurer for 
the use of said district. 

A proceeding by mandamus was instituted to compel the bq3,rd of 
education to enroll as pupils in the Webster School, two children of the 
relator, and to admit such children to all the privileges of such school. 
It appearing from the record that the relator, at the time of filing the 
petition, resided within the bounds of a sub-district created by the board 
of education, and supplied with an available and suitable school house, 
it was held that it was within the power of the board of education to 
require the children of said relator to attend school at the building pro- 
vided for the accommodation of the residents of said sub-district. 
People ex rel. Lemen v. Board of Education, 26 111. App. 477. 

It is not within the power of school directors to maintain a separate 
school for the sole purpose of instructing a few colored children of the 
district, when they can be accommodated at the school house with other 
pupils. 

Chase v. Stephenson, 71 111. 383. 

The rules of the board of education provided that no pupil of African 
descent should be allowed to attend any of the public schools of the city. 



126 GENERAL SCHOOL LAW. 

except those designated and set apart for their use, and that all such 
pupils should attend a school called the Lincoln School, and no other. 
It was held that the adoption and enforcement of such rule was not 
within the power of the board of education, under the constitution and 
laws of this State. 

People T. Board of Education of Quincy, 101 111. 308. 

If the principal or superintendent of schools is authorized by the rule 
of the board of ediication to assign pupils to rooms in accordance with 
his judgment as to the best interests of the school, his acts in that re- 
spect, and in excluding colored children from a certain school, will be 
considered as the act of the board. 

People V. Board of Education of Upper Alton, 127 111. 613. 

Fifth — They may suspend or expel pupils who may be guilty of 
gross disobedience or misconduct, and no action shall lie against 
them for such expulsion or suspension. 

A female pupil, sixteen years of age, belonging to a class in which 
the study of bookkeeping was required, acting under the direction of her 
parents, declined to pursue such study, and for that reason only she 
was expelled by the teacher, acting under the order of the directors. It 
was held that the directors and teacher were not authorized to expel a 
pupil for such reason, and that on account of their wrongful acts, were 
liable in an action of trespass, and that in such case the sum of one 
hundred and thirty dollars as damages was not excessive. School direct- 
ors have power to expel pupils only for disobedient and refractory or in- 
corrigibly bad conduct, and should not exercise that power except as a 
last resort. 

Rulison V. Post, 79 111. 568. 

The school directors were not held liable for damages for the expul- 
sion of a pupil who repeatedly failed to comply with the rule requiring 
pupils who were absent more than six half days to bring a written ex- 
cuse for such absence, it appearing that the directors and teachers acted 
in good faith and the idea of malice or wilfulness being precluded. 
Churchill v. Fewkes, 13 111. App. 520. 

In the performance of the duties imposed by law upon school direct- 
ors, they must exercise judgment and discretion, and a mere mistake in 
judgment, either as to their duties under the law or as to the facts sub- 
mitted to them, ought not to subject such directors to an action for 
damages. Accordingly, it was held in such an action for the suspension 
of a pupil from all the rights and privileges of such school until he 
manifested a willingness to comply with a rule, requiring those in at- 
tendance to lay aside their books and keep quiet during the time set 
apart for reading the Bible, that the omission of an averment that the 
suspension of the pupil was due to the wanton or malicious conduct of 
the directors, was a fatal defect in the declaration. 
McCormick v. Burt, 95 111. 264. 

Every pupil, when called upon by the superintendent or the board, 
should, as a matter of duty and loyalty to what is essentially for the 



BOAKD OF DIRECTORS. 127 

common welfare, freely state anytliing witliin his knowledge, not self- 
criminating, that will assist in bringing an offender to justice, and 
thereby tend to the repression of all such offences. Accordingly the 
board of education was held to have been justified for expelling a pupil 
for disobedience for refusing to disclose to the superintendent the name 
of another pupil whom he, the relator, thought was guilty of defacing 
the school building by obscene writing thereon. 

Board of Education v. Helston, 32 111. App. 305. 

Sixth — They may provide that children under twelve (12) 
years of age shall not be confined in school more than four hours 
daily. 

Seventh — They may appropriate, for the purchase of libraries 
and apparatus, any school funds remaining after all necessary 
school expenses are paid. 

The authority given to the school directors by the statute is that they 
"may appropriate to the purchase of libraries and apparatus any surplus 
fund after all necessary school expenses are paid." This would seem to 
be a limitation of the power to make purchases of this kind to the cir- 
cumstances named, and to be an ample denial of any power to purchase 
generally on credit. There was no attempt or offer to show that there 
was any surplus funds after all necessary expenses were paid, applicable 
to the purchase which was here made. The order implies the contrary, 
as it is payable at a future date, with interest, and generally out of any 
money belonging to the school district. Under the evidence offered, we 
are of the opinion that the contract of purchase should be held as un- 
authorized and void, and that there should not be any contract implied 
by law to pay for the articles, arising from their receipt and use. The 
plaintiff's only remedy, in our view, is to reclaim the property itself. 

Clark V. School Directors, 78 111. 476. 
The directors have no power, either under express provision of the 
statute or by necessary implication resulting therefrom, to create a debt 
chargeable upon the district for apparatus, and issue orders on the 
treasurer, payable at a future date. It would be a most dangerous 
power to the interests of the tax-payers, and in corrupt or incompetent 
hands would be liable to great abuse, for if the debt may be thus created 
we perceive no limitation upon the amount or the rate of interest it 
might be required to bear. 

Newell V. School Directors, 68 111. 517. 

Eighth — When any school district owns any personal property 
not needed for school purposes, the directors of such district may 
sell such property at public or private sale, as in their judgment 
will be for the best interest of the district, and the proceeds of 
such sale shall be paid over to the treasurer of such district, for 
the benefit of said school district. 



128 GENERAL SCHOOL LAW. 

Ninth — They may grant special holidays whenever in their 
judgment such action is advisable : Provided, no teacher shall be 
required to make up the time lost by the granting of such holidays. 

Tenth — They shall have the control and supervision of all 
school houses in their district, and may grant the temporary use 
of school houses when not occupied by schools, for religious meet- 
ings and Sunday schools, for evening schools and literary so- 
cieties, and for such other meetings as the directors may deem 
proper. 

In order to constitute a building a public school house, it must be 
property under the immediate control of the school directors. They 
should hold it in such a manner that they can use it at all times for the 
public schools, independent of the will or actions of other persons. 
Pace V. County Commissioners of Jefferson Co., 20 111. 646. 

Where prior to the adoption of the present school system, a private 
donor, for the purpose of founding a permanent school, executed to 
three persons as trustees of the "Bethel School," and to their successors 
after them, a lease for ninety-nine years of certain lands, no mention or 
reservation being made in the lease to any person or persons or class 
of persons of the right to use the building for worship on Sunday, and 
where on the organization of the present school system the building and 
grounds were turned over by the trustees of the Bethel School to the 
school directors of the district in which the school was located, who re- 
fused the use of the building for Divine worship on Sunday, it was held 
that an application for an injunction, requiring the directors to permit 
the complainants to use the property, was in effect an application to re- 
form the lease by declaring a new use. 
McDonald v. Starkey, 42 111. 442. 

By the statute, the supervision and control of school houses is ex- 
pressly vested in the directors, and they may grant the temporary use of 
them, when not occupied by the schools, for certain specified purposes, 
and the teachers and pupils are under their immediate control. When 
a school house is actually occupied by the directors for school purposes, 
they may maintain trespass for breaking and entering the same, al- 
though the legal title to the property is vested in the trustees of schools. 
Alderman v. School Directors, 91 111. 179. 

The above provision of the statute is not obnoxious to the constitu- 
tion, and the temporary use of a school house for the purpose above 
mentioned will not be enjoined as illegal. 

Nichols V. School Directors, 93 111. 61. 

Eleventh — They shall have power to decide when the school- 
house site, or the school buildings have become unnecessary, or 
unsuitable, or inconvenient for a school. 

The foregoing clause contains a power to be exercised when changed 
conditions have rendered a site once chosen by the voters unsuitable 



BOAKD OF DIEECTOES. 129 

or inconvenient in the opinion of the board. And the power given in 
such case is to take the initiative for the choice of another site, by 
calling an election and submitting the question to the voters. A change 
in the centre of population, or other conditions may occur, and the 
language of the statute implies some such change of condition which 
will authorize action by the board, and not simply refusal to carry out 
the will of the voters. 

Kiehna v. Mansker, 178 111. 18, reversing 77 111. App. 508. 
The supervision and control of school houses having been vested by 
law in school directors, a court of equity will restrain one director of a 
given district, upon a bill filed by the others, from raising and remov- 
ing to another site the school house of such district. The question of 
removing a school house cannot be decided by one director, but must 
be settled by a majority of them. 

Ruble V. School District, 42 111. App. 483. 

School directors cannot annul an election changing a school site, re- 
pudiate the site chosen, and call an election to vote on the question of 
erecting a school building on an old site which had been previously dis- 
carded, merely because the new site is not located upon a public high- 
way. 

School Directors of District No. 4, Perry Co., v. The People, 90 
111. App. 670. 

Twelfth — They may borrow money, and issue bonds therefor, 
for building school houses, purchasing sites, repairing and im- 
proving school houses, in the way and manner provided for by 
article IX of this act. 

The above clause confers a right of school directors to issue bonds 
on behalf of their district, provided the same is authorized by a vote of 
the people. When the bonds have been issued and are in the hands of 
a 6o»a fide purchaser for value, the recitals contained therein will be 
conclusive as to whether or not there has been an election for that pur- 
pose and a vote in favor of issuing the bonds. In such a case, the dis- 
trict is estopped to deny that such a vote had been taken. 
Bolton V. Board of Education, 1 111. App. 193. 

The recitals in the bond are strong presumptive, though not con- 
clusive, evidence of the facts recited, and to that extent the case of 
Bolton V. Board of Education^ supra, must be considered as overruled. 
School bonds issued by the directors without the authority of a vote of 
the people are void, even in the hands of an innocent holder for value. 
The recitals contained in the bonds as to legality of the election au- 
thorizing the same, and the existence of other facts necessary to make 
them valid, create a presumption in favor of the existence of such facts, 
which must be overcome by the district, and the burden of proof is 
thereby thrown upon the district. 

Board of Education v. Taft, 7 111. App. 571. 
9 



130 GENERAL SCHOOL LAW. 

"Power to borrow money carries with it at common law the power to 
give evidence of the loan: usually carried with it the power to execute 
promissory notes and simple contracts incident to the loan, but mere 
power to borrow money does not carry with it, as an incident, the 
power to execute a bond or an instrument under seal. These words, 
therefore, authorizing the school directors to execute bonds for the 
borrowed money, instead of being used as a limitation of the power and 
a declaration that they are incapable of borrowing money unless a bond 
be given, when properly construed are an enlargement of the power, 
authorizing directors not only to give those assurances which were 
necessarily incident to the power of borrowing money, but to go further 
and execute a higher grade of securities, — to execute bonds under seal, 
by which the directors might be bound." 

Folsom V. School Directors, 91 111. 406. 
A building contract, purporting by its recitals to be the contract of 
the district, will be binding upon the district although signed by the 
directors individually. 

Wabash R. R. Co. v. People, a02 111. 9. 

A declaration which does not aver that the bond was given under au- 
thority of a vote of the people for one of the purposes named in the 
statute is defective. A party seeking to charge a school district upon 
such an instrument must aver in his declaration and prove upon the 
trial facts which show that it was issued within the powers given by 
the statute. 

School Directors v. Taylor, 54 111. 289. 

No authority is given to the directors to issue bonds and sell them 
for what they may bring, or for anything less than their par value, 
and should the directors make such disposition of them, they would be 
clearly liable under the statute for any loss the fund of the district 
might sustain. It is the duty of school directors to pay over to their 
treasurer money borrowed by them for school purposes. He is the only 
proper custodian. If such funds are placed in other hands, it will be at 
the risk of the directors. 

Adams ^. The State, 82 111. 132. 

A person taking bonds of a municipal corporation has access to the 
records of the body, and it is his duty to see that such instruments are 
issued in pursuance of authority, and when without power they must be 
held void in whosesoever hands they are found. If, therefore, this 
bond was not issued to purchase a school-house site or for erecting a 
school building, the bond is void, as it was issued without power, and 
this, too, in the hands of a person taking without actual notice. The di- 
rectors are virtually trustees of the school fund, and are, therefore, 
incapable of dealing with the fund as purchasers or donees. For that 
reason, bonds issued by them to raise money for the district and sold 
to members of the board are void, even when sold without discount. 
Hewitt V. Normal School District, 94 111. 529. 

The power given by statute to borrow money for the purpose of build- 
ing school houses or purchasing school sites embraces, no doubt, the 



BOAED OF DIEECTORS. 131 

power to purchase a school site already having a school house thereon. 
The failure to name in the notice or the vote the amount of the bonds to 
be issued, left the school directors free to issue to any amount which 
might be required for the purpose of the vote, within the limit fixed by 
statute, which is five per cent, of the taxable property of the district. 

People V. Sisson, 98 111. 340. 
School directors have no power under the statute to purchase a 
school-house site or to borrow money to erect a school house, except 
upon a vote of the people of the district first being had for that pur- 
pose. Therefore, the directors cannot give their promissory notes for 
such consideration so as to bind the district, unless the vote has been 
taken. 

School Directors v. Miller, 54 111. 339. 
The power given to school directors by the statute of 1865, upon a 
vote of the people, to borrow money for certain purposes and issue 
bonds therefor, cannot be enlarged by construction or implication, so 
as to authorize them to execute promissory notes which in themselves 
would be binding on the district. 

School District v. Sippy, 54 111. 287. 
A promissory note containing the following words: "Ninety days 
after date, I promise to pay," etc., and signed by two persons with 
the words "School Trustees" after their names, is the individual note 
of the persons signing the same, the words "School Trustees" being 
simply descriptio personarum. It is not the note of a school corpora- 
tion. 

Trustees of Schools of the Village of Cahokia v. Rautenberg, 88 
111. 221. 

§ 28. The school directors shall draw no order or warrant pay- 
able on demand upon the township treasurer or against any fund 
in his hands, unless at the time of drawing such order or warrant 
there are sufficient funds in his hands to pay the amount of the 
same : Provided, this section shall not apply to orders issued to 
teachers for their wages. 

Where the board of directors have a president and clerk, and direct 
the paj^ment of money from the treasury, it is a very proper mode of 
executing the school order to have it signed by the president and sec- 
retary of the board. 

Langdale v. The People, 100 111. 267. 

It being unlawful for school directors to erect a school house with- 
out a vote of the people of the district, any orders drawn by them on 
the township treasurer in payment for a building erected without such 
authority will be void, even in the hands of an assignee. The levying 
of a tax to defray the expenses of a school house erected without a 
vote of the people, and the acceptance of the building and teaching 
school therein, will not legalize the act or bind the tax-payers. An 
owner of school orders issued without authority of law cannot be an in- 



132 GENERAL SCHOOL LAW. 

nocent holder, as tie is bound to look to the authority for the issuance 
of the same. 

School Dii'ectors v. Fogleman, 76 111. 189. 

The power to draw orders upon the school fund cannot be delegated 
by the directors to one of their number, but must be executed in person 
by each of them. The trust being a personal one, a single member will 
not be permitted to act for the others with or without their consent, in 
signing their names to such orders. 

Glidden' v. Hopkins, 47 111. 526. 

The treasurer is not authorized to pay out the money in his hands 
until an order, drawn as required by the statute, is presented, or until 
a court of competent jurisdiction shall have made an order for that 
purpose. Hence, unless one of these things has been done, the treas- 
urer is justified in declining to pay. 

Watts V. McLean, 28 111. App. 540. 

School directors are not authorized to make acceptances of orders or 
bills of exchange, so as to bind the district and create a right of action 
thereon. 

Peers v. Board of Education, 72 111. 509. 

As school orders are payable to the individual to whom they are is- 
sued, or to bearer, and as no harm is apparent which can result from' 
their circulation, we are inclined to hold that they may pass by en- 
dorsement, so as to vest title in the assignee and authorize him to in- 
stitute suit thereon in his own name; but we think there is a marked 
and wide difference between the rights of the assignee of such orders 
and the rights of the assignee of a promissory note or bill of exchange 
before maturity. The holder must at his peril ascertain what defenses 
can be interposed against their collection. The assignee stands in no 
better position than the payee. 

Newell V. School Directors, 68 111. 516. 

§ 29. ■ Whenever there is no money in the treasury of any 
school district to meet and defray the ordinary and necessary ex- 
penses thereof, it shall be lawful for the board of directors to pro- 
vide that orders or warrants may be drawn and issued against and 
in anticipation of the collection of any taxes already levied by said 
directors for the payment of the ordinary and necessary expenses 
of any such district, to the extent of seventy-five per centum of 
the total amount of said tax levy : Provided, that warrants drawn 
and issued under the provisions of this section shall show upon 
their face that they are payable solely from said taxes when col- 
lected, and not otherwise, and such warrants shall be received by 
any collector of taxes in payment of the taxes against which they 
are issued, and which taxes against which said warrants or orders 
are drawn shall be set apart and held for their payment. 



BOAKD OF DIEECTOKS. 133 

FOEM OF ORDER AGAIJTST Vr^COLLECTED TAXES. 

The treasurer of townsliip No. , range No. , in county, 

Illinois, will pay dollars to or order, for , out of the 

proceeds of school tax levied , 19 — . This order is issued and re- 
ceived in full paj^ment for the debt above specified, and is payable solely 
from the proceeds of said tax, when collected. 

By order of the board of directors of district No. , in said town- 
ship. 
' , Clerk. , President. 

§ 30. The school directors shall be liable as directors for the 
balance due teachers, and for all debts legally contracted. 

School directors may be held liable as individuals upon a note ex- 
ecuted by them in their individual names for a purpose connected with 
the schools, but unauthorized by a vote of the people, as required by 
law. 

School Directors v. Miller, 54 111. 339. 

It is unnecessary, in declaring against a board of school directors, 
that the cause of action should be so specifically set out that the court 
may see affirmatively that the liability is within the terms of the stat- 
ute. 

Folsom V. School Directors of District No. 5, 91 111. 402. 

Public involuntary gtiosi-corporations, such as counties, townships, 
school districts, road districts, etc., cannot be held liable in a civil ac- 
tion to respond in damages for neglect in the performance of their 
duties, unless the right to bring such action is given by statute. 
Elmore v. Drainage Commissioners, 135 111. 269. 

§ 31. It shall not be lawful for a board of directors to purchase 
or locate a school-house site, or to purchase, build or move a 
school house, or to levy a tax to extend schools beyond nine months 
without a vote of the people at an election called and conducted 
as required by section 4 of article IX of this act. A majority of 
the votes cast shall be necessary to authorize the directors to act : 
Provided, that if no one locality shall receive a majority of all the 
votes cast at such election, the directors may, if in their judgment 
the public interest requires it, proceed to select a suitable school- 
house site; and the site so chosen by them shall, in such case, be 
legal and valid, the same as if it had been determined by a major- 
ity of the votes cast; and the site so selected by either of the 
methods above provided shall be the school-house site for such 
district ; and said district shall have the right to take the same for 
the purpose of a school-house site either with or without the own- 
er's consent, by condemnation or otherwise. 



134 GENERAL SCHOOL LAW. 

It is error to dismiss a bill, alleging that scliool directors liad caused 
a certain amount to be levied as a special scliool tax for building pur- 
poses without having received authority to do so by a vote of the peo- 
ple of the district. 

Watts V. McCleave, 16 111. App. 272. 
An election having been held for the ostensible purpose of authoriz- 
ing a bond issue for the purpose of building a school house, but the 
notice of such election having omitted to state or give any information 
that such question was to be voted on, it was held that a levy of taxes 
based upon such pretended election was unauthorized and void, and that 
a judgment against land for the non-payment of taxes so levied was 
erroneous. 

Thatcher v. The People, 93 111. 240. 
School directors have a right to levy a special tax for school purposes 
without a vote of the people, and a special tax for building purposes by 
a vote of the people, but they exceed their power when they attempt to 
appropriate the funds raised for a specific object to a different purpose. 
Holders of the orders have an equitable lien upon the fund, and an at- 
tempt to divert it to a purpose foreign to' the express vote of the people 
is a fraud and misapplication. 

Pennington v. Coe, 57 111. 118. 
Under the school law of 1857, a tax for the erection of school houses 
must be voted by the people. If a debt has been incurred for this pur- 
pose and a judgment is outstanding, it would seem that a mandamus, 
commanding the assessment and levy of the tax, would be the proper 
proceeding. 

Beverly v. Sabin, 20 111. 357. 
The above section does not require that the cost of the contemplated 
school house shall be submitted to the electors, but only the question 
whether a new school house shall be erected. Under the authority of 
the election considered in this case, the character of building appro- 
priate to answer the demands of the district, and also the amount to be 
devoted to that purpose, is committed to the judgment and discretion of 
the board of education, subject only to the limitation in the statute 
as to the power of the board to obtain the means wherewith to construct 
the building. 

People V. C. & N. W. Ry. Co., 186 111. 141. 
A levy made by the board of education for building purposes, to cover 
the difference between the cost of the school building and the amount 
derived from the sale of the bonds, was held valid where an election, 
authorizing the erection of the building, did not limit its cost to the 
amount of the bonds voted. 

People V. C. & N. W. Ry. Co., 186 111. 139. 
The electors may ratify the unauthorized purchase by a township 
board of education of a high school site, by voting at an election called 
for that purpose to ei»ect a school house upon the site in question, and 
to issue bonds to obtain funds therefor. 

Board of Education v. Carolan, 182 111. 119. 



BOAED OF DIKEGTOKS. 135 

The foregoing section does not control a city, supporting its schools 
under the provisions of a special charter, authorizing the levying of a 
tax for building purposes without a vote of the people upon the ques- 
tion of erecting the school building. 

C, C, C. & St. L. Ry. Co. v. Randle, 183 111. 364. 

Under the school law, a board of directors cannot locate the site of 
a school house without a selection being made by vote of a majority 
at an election duly held, unless no locality receives such a vote. 
School Directors v. Wright, 43 111. App. 271. 

§ 22. In case the compensation to be paid for the school-house 
site mentioned in the preceding section cannot for any reason be 
agreed upon or determined between the school directors and the 
parties interested in the land taken for such site, then it shall be 
the duty of the directors of such district to proceed to have such 
compensation determined in the manner which may be at the time 
provided by law for the exercise of the right of eminent domain : 
Provided, that no tract of land lying outside of the limits of any 
incorporated city or village, and lying within forty rods of the 
dwelling house of the owner of the land, shall be taken for a 
school site without the owner's consent. 

School directors are authorized to agree upon or determine the com- 
pensation to be paid for a school-house site with the parties interested 
in the land, and in case of failure they may proceed to have such 
compensation determined in the manner which may be at the time pro- 
vided by law for the exercise of the right of eminent domain. If they 
fail to agree, the method provided by law for vesting title for the 
public use is by a proceeding to condemn the land, and the title would 
have to be vested in the township trustees. The trustees are conse- 
quently the proper and necessary petitioners, in whom, under the stat- 
ute, the judgment of the court vests the title upon the payment of the 
compensation. 

Banks v. School Directors, 194 111. 251. 

§ 33. Any director wilfully failing to perform his duties as 
directed under this act, may be removed by the county superin- 
tendent, and a new election ordered, as in other cases of vacancies. 

§ 34. All funds belonging to any school district, and coming 
from any source, shall be paid out only on order of the board of 
directors, signed by the president and clerk of said board, or by a 
majority of said board. In all such orders shall be stated the pur- 
pose for which or on what account such order was drawn. Such 
order may be in the following form : 



136 GENERAL SCHOOL LAW. 

The treasurer of township No. , range No. , in 

county, will pay to or bearer, — dollars and 

cents, (on his contract for repairing school house, or whatever the 
purpose may be). By order of the board of directors of school 

district No. , in said township. 

A. B., President. 
C. D., Clerk. 

§ 35. Pupils shall not be transferred from one district to an- 
other without the written consent of a majority of the directors 
of each district, which written consent shall be delivered to and 
filed with the proper township treasurer, and shall be evidence of 
such consent. A separate schedule shall be kept for each district, 
and in each schedule shall be certified the proper amount due the 
teacher from that district, computed upon the basis of the total 
number of days' attendance of all schedules. If the district from 
which the pupils are transferred is in the same township as the 
district in which the school is taught, the directors of said district 
shall deliver the separate schedules to their township treasurer, 
who shall credit the district in which the school was taught, and 
charge the other district with the respective amounts certified in 
said separate schedules to be due. If pupils are transferred from 
a district of another township, the schedule for that district shall 
be delivered to the directors thereof, who shall immediately draw 
an order on their treasurer in favor of the treasurer of the town- 
ship in which the school was taught for the amount certified to be 
due in said separate schedule. 

FOEM OF PEEMIT OP TEANSFER. 

Pursuant to the order of tlie directors of school district No. , 

township No. , range No. , in county, Illinoig, permission 

is hereby granted to , who is a resident of said district, and of 

lawful age, to attend the public school for months in district No. 

■ , township No. , range No. , in said county. This permit 

shall continue in force months from this date. 

, 19 — . , President. 

, Clerk. 

§ 36. When a school is composed in part of pupils transferred, 
as provided for in the preceding section, from other townships, the 
duty of collecting the amount due on account of such pupils shall 
devolve upon the directors of the district in which the school was 
taught. 



BOAED OF EDUCATION. 



137 



Article VI. 



BOARD OF EDUCATION. 



§ 1. Cities and villages. 

2. Board of education in all 

districts not less than 
1,000 inhabitants ; num- 
ber of members. 

3. President of the board. 

4. Duties and powers of the 

president. 

5. Annual election of mem- 

bers; term of oflBce. 

6. Notice of election; form of 

notice. 

7. Election on any Saturday. 

8. Conduct of election. 

9. Election of members of 

board of education to suc- 
ceed directors. 

10. Powers and duties of tlie 

board defined. 

11. Yeas and nays. 

12. Business to be done at a 

regular or special meet- 
ing. 

13. Conveyances of real estate, 

bow made. 

14. School moneys in charge of 

township treasurer. 

15. Special acts may be relin- 

quished; manner of 
change and form of no- 
tice. 



§16. 



17. 



18. 



19. 

20. 
21. 

22. 
23. 
24. 

25. 

26. 

27. 



28. 



29. 



Redistricting under this act; 
election of school boards. 

Number of members in 
board of education of 
cities having over 100,000 
inhabitants, and manner 
of their appointment. 

Eligibility to membership 
in such board of educa- 
tion. 

Organization; employes of 
the board; term, etc. 

Records; yeas and nays. 

Powers with concurrence of 
city council defined. 

Other powers defined. 

Duties defined. 

Business to be done at a 
regular meeting. 

Conveyances of real estate 
made to city in trust. 

School moneys held by city 
treasurer. 

City not liable for excess of 
expenditures; board not 
authorized to tax. 

Powers of board not to be 
exercised by city council. 

Authority of boards in cer- 
tain cities to issue certifi- 
cates. 



Section i. Incorporated cities and villages, except such as 
now have charge and control of free schools by special acts, shall 
be and remain parts of the school tOAvnships in which they are re- 
spectively situated and be subject to the general provisions of the 
school law, except as otherwise provided in this article. 

The General Assembly, in accordance with a well settled canon of 
construction of legislative powers, can act at its discretion and prescribe 
such mode for the formation of school districts and designate such per- 



138 GENEEAL SCHOOL LAW. 

sons for the levying, collecting and having the custody of school taxes, 
as they alone shall consider most convenient to the public interests. 
Speight V. The People, 87 111. 600. 

Under the terms of their charter, the school inspectors of Peoria are 
authorized to district the city as to them may seem best, and may sus- 
tain a school in a house outside of the city, and pay for repairs, for 
the use of the school children living within the city. 
Grove v. School Inspectors, 20 111. 532. 

A village coxmcil having authority under its charter, as a board of 
education, to purchase grounds, erect buildings, borrow money to estab- 
lish a high school, and levy taxes for the erection and support of the 
same, it was held that such charter authority did not authorize the con- 
veyance or leasing of the buildings, when completed, without pay or 
rent, to an individual or private corporation for the purpose of conduct- 
ing a school therein for tuition. The school contemplated by the char- 
ter was one free to the use of all children residing in the district, and 
anything different was a perversion of the property from the use in- 
tended by the charter. 

Sherlock v. Village of Winnetka, 68 111. 531. 

§ 2. In all school districts having a population of not less than 
one thousand and not over one hundred thousand inhabitants, and 
not governed by any special act in relation to free schools now in 
force, there shall be elected, instead of the directors provided by 
law in other districts, a board of education, to consist of a presi- 
dent of the board of education, six members, and three additional 
members for every additional ten thousand inhabitants. When- 
ever additional members of such board of education are to be 
elected by reason of increased population of such district, such 
members shall be elected on the third Saturday of April succeed- 
ing the ascertaining of such increase by any special or general 
census, and the notice of such election shall designate the term for 
which the members are to be elected, so that one-third of the board 
shall be elected for each year : Provided, that in no case shall said 
board consist of more than fifteen members. 

This section and section 59 of article III should be construed to- 
gether, so that when a new district is formed, which has a population of 
not less than one thousand and not over one hundred thousand, the 
election must be for a board of education instead of three directors. 
People V. Keechler, 194 111. 246. 

The provisions of a special charter of a city for the establishment and 
maintenance of a public school system which are not inconsistent with 
the provisions of the general law for the incorporation of cities and 
villages are not abrogated when the city adopts such general law, the 
latter containing no provisions whatever relating to schools. 
Smith V. The People, 154 111. 58. 



BOARD OF EDUCATION. 139 

§ 3. The president of said board of education shall be elected 
annually, at the same time the members of the board of education 
are elected, and he shall hold his office for the term of one year, 
and until his successor is elected and qualified. 

County courts have jurisdiction to hear and determine all contested 
elections of school officers. We know of no rule which prohibits a man 
becoming a candidate or being voted for at the same election for two 
incompatible offices, but undoubtedly, if elected to both, he would be in- 
capable of discharging the duties of both offices, and would be com- 
pelled to elect which to accept. Accordingly, it was held that a candi- 
date for the office of president of a board of education, who had some 
votes cast for him for that office and also for the office of member of the 
same board, was entitled to have these votes counted for him for the 
office of president of the board of education. 
Misch V. RusselL 136 111. 22. 

§ 4. The president of the board of education so elected shall 
preside at all meetings of said board, and shall give the casting 
vote in case of a tie between the members thereof ; but otherwise 
he shall not have a vote. He shall sign all orders for the payment 
of money ordered by said board, and generally perform such duties 
as are imposed by law upon presidents of boards of directors, or 
that may be imposed upon him by said board of education, not in 
conflict with law : Provided, that in the absence or inability to act 
as said president, said board may appoint a president pro tempore 
from their number. 

§ 5. The annual election of members of the board of education 
shall be on the third Saturday in April, when one-third of the 
members shall be elected for three years, and until their suc- 
cessors are elected and qualified. 

Section 2 of this article does not provide that the board in the first 
instance shall be elected on the third Saturday of April. The provision 
contained in that section relates to the election of additional members, 
to be elected by reason of the increased population of such districts. It 
does not require any census of the district, special or general, to be 
taken in order to authorize the election of a president and members of 
the board. It is only when additional members are to be elected that 
the increased population must be ascertained by census. 
People v. Keechler, 194 111. 246. 

§ 6. Notice of such election shall be given by the board of edu- 
cation at least ten days previous to such election by posting no- 
tices in at least three of the most public places in said district. 



140 GENERAL SCHOOL LAW. 

which shall specify the place where such election is to be held, the 
time of opening and closing the polls and the purpose for which 
such election is held, which notice may be in the following form, 
to- wit : 

Public notice is given hereby, that on Saturday, the day of 

April, A. D. , an election will be held at , between the 

hours of and of said day, for the purpose of electing a 

president of the board of education of district No. , township 

No. , range No. , and members of the board of edu- 
cation of said district. 

Dated this day of , A. D. . 

A. B., President. 
C. D., Clerk. 

The time for the holding of the election being fixed by law, no order 
of the board of education is required for such election. It is within 
the power of the board, acting through its president and clerk, to pre- 
scribe the details as to the time of opening and closing the polls at an 
election for members of the board of education. A failure to make 
proclamation before the polls are closed, and a failure to deliver the 
ballots after the same have been counted to the township treasurer, 
being merely irregularities, not affecting the result of the election or de- 
priving any voter of his rights, and not being the result of fraud or 
improper motives, will not be ground for setting aside the election or 
declaring it void. 

Ackerman v. Haenck, 147 111. 514. 

The provisions of the statute as to the manner of conducting the de- 
tails of an election are not mandatory but directory, and irregularities 
in conducting an election and counting the votes, not proceeding from 
any wrongful intent, and which deprived no legal voter of his vote, and 
<lo not change the result, will not vitiate the election. 
Behrensmeyer v. Kreitz, 135 111. 591. 

§ 7. In case of a failure to give the notice above provided for, 
juch election may be held on any Saturday after such notice has 
k)een given as aforesaid. 

§ 8. Such election shall be conducted in the same manner, and 
be governed by the provisions of this act relating to the election 
of boards of directors, except as otherwise provided by law. 

Under the provisions of the act of June 19, 1891, entitled "An act to 
entitle women to vote at an election held for the purpose of choosing 
any officer under the general or special school laws of this State," 
women above the age of twenty-one, and having the qualifications re- 
quired in that act, are entitled to vote at an election for members of 
a board of education. 

Plummer V. Yost, 144 111. 68. 
People v. English, 139 111. 632. 



BOAKD OF EDUCATION. 141 

Women above the age of twenty-one years are qualified voters at an 
election for president and members of a board of education. 
Ackerman v. Haenck, 147 111. 514. 

§ 9. At the first election of directors succeeding the passage of 
this act, in any district having a population of not less than one 
thousand inhabitants by the census of 1880, and in such other 
districts as may hereafter be ascertained by any special or gen- 
eral census to have a population of not less than one thousand 
inhabitants, at the first election of directors occurring after taking 
such special or general census, there shall be elected a board of 
education, who shall be the successors of the directors of the dis- 
trict ; and all rights of property and all rights or causes of action 
existing or vested in such directors, shall vest in said board of edu- 
cation, in as full and complete a manner as was vested in the 
school directors. Such board, at its first meeting, shall fix by lot, 
the terms of office of its members so that one-third of them shall 
serve for one year, one-third for two years and one-third for three 
years, and thereafter one-third shall be elected annually on the 
third Saturday in April, to fill the vacancies occurring, and to 
serve for the term of three years. 

§ 10. The board of education shall have all the powers of the 
school directors ; and, in addition thereto and inclusive thereof, 
they shall have the power and it shall be their duty — 

A board of education organized under the provisions of this article 
has the same powers, and no greater, than those given to school direct- 
ors, in respect to the levy of taxes for school purposes. None of the 
powers given to a board of education can be exercised except at a reg- 
ular or special meeting. 

People ex rel. Woody v. Smith, 149 111. 549. 

It was the evident intent of the legislature to make the duties and 
powers of school directors applicable to boards of education, other- 
wise such boards would be without some essential powers, which are 
enumerated only in those portions of the school act pertaining to the 
duties and powers of school directors. 

People V. Board of Education, 175 111. 15. 

The provision of this section, that a board of education shall have 
all the powers of school directors, does not authorize a board of edu- 
cation to build a school house upon the authority of a vote of the elect- 
ors of the district, at an election held without a petition for that pur- 
pose. 

Board of Education v. Roehr, 23 111. App. 634. 



142 GENERAL SCHOOL LAW. 

Fi7'st — To establish and support free schools not less than six 
nor more than ten months in each year. 

The power given under an act of the legislature to a board of direct- 
ors to establish and keep up a system of graded schools is held to in- 
clude by necessary implication authority to appoint a superintendent 
Over the schools. 

Spring V. Wright, 63 111. 90. 

Second — To repair and improve school houses, and furnish 
them with the necessary fixtures, furniture, apparatus, libraries 
and fuel. 

Third — To examine teachers as supplemental to any other ex- 
amination, to employ teachers and to fix the amount of their sal- 
aries. 

Fourth — To establish schools of different grades, and make reg- 
ulations for the admission of pupils into the same. 

Fifth — To buy or lease sites for school houses, with the neces- 
sary grounds : Provided, it shall not be lawful for such board of 
education to purchase or to locate a school-house site, or to pur- 
chase, build or move a school house, unless authorized by a ma- 
jority of all the voters voting at an election called for such pur- 
pose in pursuance of a petition signed by not less than five hun- 
dred (500) legal voters of such district, or by one-fifth of all the 
legal voters of such district. 

In the absence of the petition prescribed by the above clause, a board 
of education has no power to enter into a contract, providing for the 
erection of a school building, and such contract will be void and in no 
way obligatory on the school district. 

Board of Education v. Roehr, 23 111. 634. 

The paying of rent to a church organization for the use of a room 
for school purposes is not such an appropriation or aid to the church 
as comes within the prohibition of our constitution. A board of educa- 
tion does not exceed its power or duties under the statute in leasing 
a part of a church for a temporary school room, until such time as the 
electors are willing to provide a permanent site and school building 
for the accommodation of the school directors of the district. 
Millard v. Board of Education, 19 111. App. 54. 

If the provisions of an existing special charter, relating to public 
schools, do not require a vote of the people favorable to the erection 
of a school building, a tax for building purposes in excess of the 
amount required for current expenses may be levied without the au- 
thority of a prior vote of the people. 

Lippincott v. Board of Education, 186 111. 205. 



BOARD OF EDUCATION. 143 

A board of education is authorized by law to lease a suitable building 
in -which to conduct, a public school, and it is a matter of no conse- 
quence that such building had been used for a church by some' religious 
body. 

Millard v. Board of Education, 19 111. App. 54. 

Sixth — To levy a tax, annually, upon the taxable property of the 
district, in the manner provided in article VIII of this act, for the 
purpose of supporting and maintaining free schools in accordance 
with the powers herein conferred : Provided, that it shall not be 
lawful for such board of education to levy a tax to extend schools 
beyond a period of ten months in each year, except upon petition 
of a majority of the voters of the district : And, provided further, 
that all taxes shall be levied under the limitations relating to the 
percentage of the assessment, as provided by section i, article VIII 
of this act. 

The failure of the members of the board of education to sign the cer- 
tificate of a tax for school purposes will not invalidate such tax, where 
the members are present at the hearing in the county court, and state 
that they would have signed the certificate if they had known that their 
signature was necessary, and the court thereupon permits the certificate 
to be amended and signed. 

Spring Valley Coal Co. v. The People, 157 III. 543. 

The board of education in school districts organized under section 80 
(article VI) of the act, are, in respect of the levy of special taxes for 
school purposes, vested with the same power, and no greater, than 
school directors are invested with, and must proceed in the same man- 
ner. Making the certificate is an essential act, which they must per- 
form, as they are required to exercise other duties imposed upon them 
by law. Accordingly, such a board of education, consisting of a presi- 
dent and six members, having passed an order that a certain sum be 
raised by special taxation for the current year, which was signed by 
three persons, designated as directors of schools, but who were mem- 
bers of said board of education, it was held that the certificate did not 
authorize the levy of any tax, and that the proceedings to levy, extend 
and collect such tax were null and void. 
People V. Smith, 149 111. 549. 

The certificate is jurisdictional, and where it does not appear that r. 
was authorized by the board, the defect is fatal. Without the certifi- 
cate the tax is void. 

C. & A. R. R. Co. V. The People, 171 111. 546. 

The tay, certificate which the school directors are empowered to make 
is the basis of all school taxes. In a sense such certificates are juris- 
dictional, and any tax extended for school purposes, where no such cer- 
tificate has been returned by the directors, is without authority of law 
and null and void. 

Weber v. Ohio & Mississippi R. R. Co., 108 111. 456. 



144 GENERAL SCHOOL LAW. 

A school district cannot recover from another district whicli has col- 
lected taxes upon lands within the former, through a mistake of the 
clerk as to the location of such lands, a greater sum than it has levied 
and would have collected, had there been no mistake. Tax-payers of a 
form, as they are required to exercise other duties imposed upon them 
lands to another district, cannot recover back the same in a case where 
the books were open and means of knowledge of all the facts existed. 
To recover from a municipality taxes illegally collected and paid over, 
the tax must have been illegal and void, paid under compulsion, or, 
what would be equivalent thereto, received to the use of the munici- 
pality from the collecting officer. 

Walser v. Board of Education, 160 111. 276. 

The section of the Practice Act allowing direct appeals to the Su- 
preme Court in revenue cases does not apply to a suit between two 
school districts to determine which of them is entitled to receive the 
proceeds of a school tax already collected. 
People V. Helt, 203 111. 111. 

Seventh — To employ, should they think it expedient, a compe- 
tent and discreet person or persons as superintendent or superin- 
tendents of schools, fix and pay a proper salary or salaries there- 
for. Such superintendent may be required to act as principal or 
teacher in such schools. 

Eighth — To lay off and divide the district into sub-districts, and 
from time to time alter the same, create new ones and consolidate 
them. 

A board of education has power under the law to divide the district 
into sub-districts, and establish schools of different grades in said sub- 
districts, and apportion the pupils to the several schools. The rules and 
orders made by a board of education in the exercise of such powers 
will be sustained by the courts, if they are reasonable, necessary, and 
calculated to afford all children of school age within the district the 
proper instruction which is contemplated by law. 

People V. Board of Education, 26 111. App. 476. 

Ninth — To visit all the public schools as often as once a month 
to inquire into the progress of scholars and the government of the 
schools. 

Tenth — To prescribe the method and course of discipline and 
instruction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner.^ 

1 See act requiring and regulating the study of physiology and hy- 
giene, approved June 9, 1897. 



BOARD OF EDUCATION. 145 

All children of proper school age have the right to be taught the 
common school branches. This right is conferred by law, and all the 
rules of the board of education must be framed and construed with that 
object in view. If the enforcement of any rule is inconsistent with the 
full enjoyment of this right, such rule cannot be sustained. 
Board of Education v. Bolton, 85 111. App. 92. 

The foregoing clause is the only special provision in this article, re- 
lating to boards of education, upon the subject of the branches of study 
which shall be taught and the text books or apparatus which shall be 
used in the several schools. Hence, it must be construed in connection 
with the ninth clause of section 26 of article V of the school law. 
Graded writing books or copy books, with printed forms and texts 
scientifically arranged, with printed instructions to the pupils and a 
manual of instruction for the teachers, are text books. 

People V. Board of Education of Aurora, 175 111. 9. 

Eleventh — To expel any pupil who may be guilty of gross dis- 
obedience or misconduct. No action shall lie against them for 
such expulsion. 

Twelfth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interest of the schools may, in their opinion, require 
such removal or dismissal. 

Whenever the interests of a school require the removal or dismissal 
of a teacher, or whenever, in the opinion of the board of education, a 
teacher is not qualified to fulfill the requirements of the position, the 
statute confers upon the board of education the power to dismiss and 
remove such teacher. Courts do not inquire as to whether or not a 
board of education has acted wisely in dismissing a teacher. 
Board of Education v. Stotlar, 95 111. App. 253. 

Thirteenth — To apportion the scholars to the several schools. 

In sustaining the power of the board of education conferred by the 
foregoing clause, the court says: "In the exercise of these powers, the 
rules and orders must not be unreasonable, or such as to defeat the 
wise and beneficent purposes of the school law, and if reasonable, 
necessary, and such as will best afford to all children in their district, 
entitled to attend public schools, an opportunity to receive the benefits 
of proper instruction, such reasonable and necessary rules and orders 
should be sustained by the courts." 

People V. Board of Education, 26 111. App. 481. 

Fourteenth — To establish and promulgate all such by-laws, rules 
and regulations for the government and the establishment and 
10 



146 GENERAL SCHOOL LAW. 

maintenance of a proper and uniform system of discipline in the 
several schools as may, in their opinion, be necessary. 

See authorities cited under article V, section 26, clause 6. 

A provision inserted in the building contracts of a board of education, 
to the effect that none but union men should be employed in such work 
or placed upon its pay rolls, is beyond the power of the board of edu- 
cation. Such a rule is a discrimination between different classes of 
citizens, and of such a nature as to restrict competition and to increase 
the cost of work. 

Adams v. Brenan, 177 111. 199. 

The rules and orders authorized by the abore clause must be reason- 
able, necessary, and such as will best afford to all children of school 
age an opportunity to receive the benefits of proper instruction. 
People V. Board of Education, 26 111. App. 476. 

A rule whereby a child ^vho arrived at school age only thirty-one 
days after the fall term commenced was obliged to lose the benefits of 
the free school, not only during the remaining months of that term, but 
also during the whole of the following winter term, was not a reason- 
able one, or calculated to promote the objects of the law. 
Board of Education v. Bolton, 85 111. App. 96. 

In determining whether or not the rule in question is a reasonable 
one, we must inquire whether it was calculated to promote the objects 
for which free schools were established. 
Rulison v. Post, 79 111. 567. 

Fifteenth — To take charge of the school houses, furniture, 
grounds and other property belonging to the district, and see that 
the same are kept in good condition, and not suffered to be un- 
necessarily injured and deteriorated. 

Sixteenth — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses, 
or other property belonging to or under the control of the district. 

Seventeenth — To appoint a secretary and provide well bound 
books at the expense of the school tax fund, in which shall be 
kept a faithful record of all their proceedings. 

Eighteenth — To annually prepare and publish in some news- 
paper, or in pamphlet form, a report of the number of pupils in- 
structed in the year preceding, the several branches of study pur- 
sued by them, of the number of persons between the ages of twelve 
and twenty-one unable to read and write, and the receipts and ex- 
penditures of each school, specifying the source of such receipts 
and the object of such expenditures. [As amended by act ap- 
proved June 19, 1893.] 



BOARD OF EDUCATION. 147 

§ II. In all questions involving the expenditure of money, the 
yeas and nays shall be taken and entered on the records of the pro- 
ceedings of the board. 

§ 12. None of the powers herein conferred upon boards of edu- 
cation shall be exercised by them, except at a regular or special 
meeting of the board. 

It is familiar and needs the citation of no authority other than the 
statute, that boards of the character of the board of education can act 
only when convened in session as a board, and that less than a majority 
of the board thus convened are incapable of transacting the corporate 
business. 

People V. Smith, 149 111. 554. 

§ 13. All conveyances of real estate shall be made to the town- 
ship trustees in trust for the use of schools, and no conveyance of 
any real estate or interest therein used for school purposes, or held 
in trust for schools, shall be made, except by the board of trustees, 
upon the written request of such board of education. 

§ 14. All money raised by taxation for school purposes, or re- 
ceived from the State common school fund, or from any other 
source for school purposes, shall be held by the township treasurer 
as a special fund for school purposes, subject to the order of the 
board of education, upon warrants signed by the president and sec- 
retary thereof. 

The provision contained in a city charter, to the effect that one-half 
of the money received by the city from dram-shop licenses shall be paid 
over at least quarterly to the treasurer of a township, to be apportioned 
by him among the several schools in said city in the same manner as 
interest on township funds is distributed, does not violate any constitu- 
tional provison. It is within the power of the legislature to dispose of 
such a fund for any public use it may choose. 

City of East St. Louis v. Trustees of Schools, 102 111. 490. 

The township treasurer is entitled to the custody of the funds of a 
board of education elected under the act allowing municipalities man- 
aging schools under special acts to elect boards of education, with the 
powers provided for such boards, under the general school law. Such 
a board of education has no power to appoint a treasurer of the school 
fund. 

People v. Board of Education of Centralia, 166 111. 389. 

§ 15. Any city, incorporated town, township or district in 
which free schools are now managed under any special act, may, 
by vote of its electors, cease to control such schools under such 
special act, and become a part of the school township in which it 



148 GENERAL SCHOOL LAW. 

is situated, and subject to the control of the trustees thereof, un- 
der and according to the provisions of this act. 

Upon petition of fifty voters of such city, town, township or dis- 
trict, presented to the board having the control and management 
of schools in such city, town, tov\'^nship or district, it shall be the 
duty of such board, at the next ensuing election to be held in such 
city, town or township or district, to cause to be submitted to the 
voters thereof, giving not less than fifteen days' notice thereof, by 
posting not less than five notices in the most public places in such 
city, town, township or district, the question of "Organization un- 
der the Free School Law ;" which notice may be in the following 
form, to-wit: 

Public notice is hereby given that on the day of , A. D. 

an election will be held at , between the hours of — M. 



and — M. of said day, for the purpose of deciding the question of 
"Organization under the Free School Law." 

§ i6. If it shall appear on a canvass of the returns of such elec- 
tion, that a majority of the votes cast at such election are "For 
Organization under the Free School Law," then at the next en- 
suing regular meeting of the board of trustees of the township or 
townships in which such city, incorporated town, township or dis- 
trict is situated, said trustees shall proceed to redistrict the town- 
ship or townships as aforesaid, in such manner as shall suit the 
wishes and convenience of a majority of the inhabitants in their 
respective townships, and to make a division of funds and other 
property in the manner provided for by section 63 of article III 
of this act, and on any Saturday thereafter there shall be elected, 
in each of the new districts so formed, a director, directors or 
board of education, as the case may be, in the manner provided for 
in section 6 of article V of this act, and thereafter such districts 
shall proceed as other districts under this act, but all subsequent 
elections of directors or boards of education shall be conducted as 
provided in sections 5 and 8 of article V of this act.^ 

Both sections 15 and 16 govern all proceedings by districts organized 
under special acts to abandon tbeir organization and become organized 
under the general school law. Upon the petition therein described, it is 
the duty of the board of education or other district authorities to sub- 
mit the question of "organization under the free school law" to the 

1 See further provision in act approved June 2, 1891, and act approved 
June 10, 1897. 



BOAED OF EDUCATION". 149 

voters, and, the rote being favorable, it is the imperative duty of the 
trustees to re-district the township according to the wishes and con- 
venience of a majority of the citizens. 
People V. Ricker, 142 111. 650. 

BOARDS OF EDUCATION IN CITIES OF OVER 100,000 INHABITANTS. 

§ 17. In cities having a population exceeding one hundred thou- 
sand inhabitants, from and after this act shall take effect, the board 
of education shall consist of tv^enty-one members, to be appointed 
by the mayor, by and with the advice and consent of the common 
council, seven of whom shall be appointed for the term of one year, 
seven for the term of two years, and seven for the term of three 
years : Provided, however, that in such cities wherein there is now 
a board of education, holding their office by appointment, such of- 
ficers shall continue in office until the time at which their terms 
would have expired under the law in force at the time of their ap- 
pointment. At the expiration of the term of any members of said 
board, their successors shall be appointed in like manner and shall 
hold their office for the term of three years. Any vacancy which 
may occur shall be filled by the appointment of the mayor, with 
the approval of the common council, for the unexpired term : And, 
provided further, that from and after this act shall take effect 
there shall be appointed by the mayor, by and with the advice and 
consent of the common council, six members, two of whom shall 
be appointed for the term of one year, two for the term of two 
years, and two for the term of three years. [As amended by act 
approved June 22, 1891.] 

City officers may be given power by the legislature to perform duties 
connected with the support of public schools. Such laws, wherever 
found, are a part of the school laws of the state, and not a part of the 
city charter. City officers performing such duties are mere agencies of 
the public to carry into effect the objects and purposes of the school 
system. 

Fuller V. Heath, 89 111. 297. 

It appears that in cities of the class to which Chicago belongs, the 
entire supervision and control over all the public schools of the city 
is, by the provisions of the school law, committed to the board of educa- 
tion of the city. Its jurisdiction is necessarily exclusive. It follows 
that whenever territory in which there is an organized school district, 
and one or more public schools, is annexed, and thereby brought into 
the city, the jurisdiction of the board of education immediately at- 
taches, and the school district and its officers become functus officio. 



150 GENERAL SCHOOL LAW, 

This results, not from any affirmative provision of the annexation law, 
but is the legal consequence of the status such annexation creates. 

McGurn v. Board of Education, 133 111. 133. 
Whatever may be the trust in favor of the citizens of the township, 
it would seem to be too long and too affirmatively settled to be now 
questioned, that the school corporation, as the trustees of school prop- 
erty, is wholly within the control of the General Assembly, and may be 
changed at its pleasure. 

Cravener v. Board of Education, 133 111. 148. 
The board of education is a corporation or guasi-cor-poTation, created 
by the general law of the state to aid in the administration of the 
State government, and charged as such vv^ith duties purely govern- 
mental in character. It owns no property, has no private corporate 
interests, and derives no special benefits from its corporate acts. It is 
simply an agency of the State, having existence for the sole purpose of 
performing certain duties, — the maintenance of an "efficient system of 
free schools" within the particular locality in its jurisdiction. 

Kinnare v. City of Chicago, 171 111. 334. 

We are of the opinion that even if the effect of the school legislation 
is to confer corporate powers on the board of education, or to make 
it a State agency for certain purposes, still the change has not been 
such as to disconnect it from the city government, and to authorize 
courts to declare that the offices and places of employment under the 
board are no longer offices or places of employment in or of such city. 
Brenan v. The People, 176 111. 628. 

It is well settled that the adoption of the general law for the in- 
corporation of cities and villages did not abrogate those provisions of 
special charters not inconsistent with such general law, relating to the 
support and management of the public schools. 

C, C, C. & St. L. Ry. Co. v. Randle, 183 111. 367. 

The board of education of the city of Chicago is a public corporation, 
created by legislative authority as an agent of the State for the pur- 
pose of maintaining public schools and school buildings within that 
subdivision of the State. 

Adams v. Brenan, 177 111. 198. 

§ 1 8. Any person having resided in any such city more than 
five years next preceding his appointment, shall be eligible to mem- 
bership of such board of education. 

§ 19. The said board of education shall appoint a president and 
secretary, the president to be appointed from their own number, 
and shall appoint such other officers and employes as such board 
shall deem necessary, and shall prescribe their duties and compen- 
sation and terms of office. 

§ 20. The said board shall provide well bound books, at the ex- 
pense of the school tax fund, in which shall be kept a faithful rec- 



BOAED OP EDUCATION. 151 

ord of all their proceedings. The yeas and nays shall be taken and 
entered on the records of the proceedings of the board upon all 
questions involving the expenditure of money. 

§ 21. The said board of education shall have charge and control 
of the public schools in such cities, and shall have power, with the 
concurrence of the city council — 

First — To erect or purchase buildings suitable for school houses, 
and keep the same in repair. 

Second — To buy or lease sites for school houses with the neces- 
sary grounds. If said board of education shall be unable to agree 
with the owner or owners for the purchase of such site, then, with 
the concurrence of the city council, it may acquire the title to said 
site in the manner that may be now or hereafter provided for by 
any law of eminent domain. Such proceedings to condemn shall 
be in the name of said city in trust for the use of the schools. 

Third — To issue bonds for the purpose of building, furnishing 
and repairing school houses, for purchasing sites for the same, and 
to provide for the payment of said bonds ; to borrow money for 
school purposes upon the credit of the city. [As amended by act 
approved April 22, 1899.] 

It seems clear from all the legislation on the subject that it was the 
intention of the legislature that the city, in cities having over one 
hundred thousand inhabitants, should have the title to all real estate 
held for school purposes, and the city treasurer should have the custody 
of all school funds, no matter from what source derived. The board of 
education in such cities is given no independent powers as to the real 
estate held or to be purchased for school purposes. Whatever the 
board can do in reference to buying or leasing sites for school houses, 
or issuing bonds for the erection of buildings thereon, can only be 
done with the concurrence of the city coiincil. The powers and duties 
the board may exercise independently of the city council relate mostly 
to furnishing school houses, the emplojang of teachers and the manage- 
ment of the schools generally. But all school property and funds are 
placed in and under the care of the city council or some city officer. 
City V. Roche, 124 111. 9. 

The method of acquiring a school site by the exercise of the right of 
eminent domain discussed and explained. 

Banks v. School Directors, 194 111. 251. 

The board of education may stipulate in its building contracts for 
the quality of the material to be furnished and the degree of skill re- 
quired in workmanship, but the provision that work shall only be done 
by certain persons or classes of persons, members of certain societies, 
necessarily creates a monopoly in their favor. 
Adams v. Brenan, 177 111. 201. 



152 GENERAL SCHOOL LAW. 

A certain amount being deposited by a contractor with his bid for 
mason work upon a school building, the forfeiture of that amount was 
sustained upon the refusal of the contractor to enter into a contract 
and bond in accordance with the terms of his bid. 
Crilly V. Board of Education, 54 111. App. 371. 

The term "public improvement," as used in section 24 of the me- 
chanic's lien law of 1895, includes a school building, and the words 
"ofiicials of this State, county, township, city or municipality," used in 
said mechanic's lien law, include a school board. 
Spalding Lumber Co. v. Brown, 171 111. 487. 

§ 2.2. The said board of education shall have power — 

First — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Second — To maintain, support and establish schools and supply 
the inadequacy of the school funds for the salaries of school teach- 
ers from school taxes. 

Third — To hire building or rooms for the use of the board. 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their compen- 
sation. 

Under this clause, a board of education is authorized to examine 
teachers and fix the amount of their salaries, and a teacher in the em- 
ploy of such board is not obliged to possess a certificate issued by the 
county superintendent. 

Kuenster v. Board of Education, 134 111. 166. 

The employment of a person to teach in an educational institution 
for a year cannot, as a matter of law, be said to mean a year of 
twelve months, in the absence of some showing that such was the 
understanding of the parties. "What was the understanding of the 
parties is a mixed question of law and fact, which must be determined 
by the court under all the circumstances. 

Board of Trustees of University of Illinois v. Bruner, 175 111. 307. 

Sixth — To prescribe the school books to be used, and the studies 
in the different schools. 

The ninth clause of section 26 of article V, which limits the right 
to change text books oftener than once in four years, is a restriction 
upon the power of the board of education in adopting text books. 
People v. Board of Education of Aurora, 175 111. 17, 

Seventh — To lay off and divide the city into school districts, and 
from time to time to alter the same and create new ones, as cir- 
cumstances may require, and generally to have and possess all the 
rights, powers and authority required for the proper management 



BOARD OF EDUCATION. 153 

of schools, with power to enact such ordinances, as may be deemed 
necessary and expedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross dis- 
obedience or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the school may, in their opinion, require 
such removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property, and to loan moneys belong- 
ing to the school fund. 

Twelfth — To grant the use of assembly halls and class rooms 
when not otherwise needed, including light, heat and attendants, 
for public lectures, concerts and other educational and social in- 
terests free of cost, but under such provisions and control as they 
may see fit to impose. [As amended by act approved May 13, 
1903-] 

Tlie above section contains no specific grant of power authorizing the 
board of education to purchase and make a free distribution of text 
books for the use of pupils in the first four elementary grades, and 
therefore such proposed action of the board of education will be en- 
joined. 

Harris et al. v. Kill (App. Ct, 1st Dist, June 17, 1903). 

§ 23. It shall be the duty of such board of education — 

First — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candi- 
dates for teachers, and when found well qualified to give them cer- 
tificates gratuitously. 

Third — To visit all the public schools as often as once a month. 

Fourth — To establish all such by-laws, rules and regulations for 
the government and for the establishment and maintenance of a 
proper and uniform system of discipline in the several schools as 
may, in their opinion, be necessary. 

See authorities cited under article V, section 26, clause 6, also under 
clause 14, section 10, of this article. 

Fifth — To determine from time to time how many and what class 
of teachers may be employed in each of the public schools, and em- 
ploy such teachers and fix their compensation. 



154 GENERAL SCHOOL LAW. 

Sixth — To take charge of the school houses, furniture, grounds- 
and other property belonging to the school districts, and see that 
the same are kept in good condition and not suffered to be unnec- 
essarily injured or deteriorated. 

Seventh — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses^, 
or other property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the gov- 
ernment of the schools. 

Ninth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner. 

Tenth — To prescribe what studies shall be taught, and what 
books and apparatus shall be used. 

Eleventh — To report to the city council, from time to time, any 
suggestions they may deem expedient or requisite in relation to the 
schools and the school fund, or the management thereof, and gen- 
erally to recommend the establishment of new schools and dis- 
tricts. 

Twelfth — To prepare and publish an annual report, which shall 
include the receipts and expenditures of each school, specifying the 
source of such receipts and the object of such expenditures. 

Thirteenth — To communicate to the city council, from time to 
time, such information within their possession as may be required. 

§ 24. None of the powers herein conferred upon the board of 
education of such cities shall be exercised by them except at a reg- 
ular meeting of such board. 

A board of education can act whenever convened in session as a 
board, and less tban a majority of the board thus convened are in- 
capable of transacting the corporate business. 
People V. Smith, 149 111. 554. 
Inasmuch as the powers of a board of education can be exercised by 
them only at a regular meeting of the board, it is not within the 
power of counsel to stipulate as to the exercise of any of those powers. 
People V. Roche, 124 111. 17. 

§ 25. All conveyances of real estate shall be made to, and the 
title of all such as shall be acquired by condemnation shall rest in 
the city in trust for the use of the schools, and no sale of real estate 
or interest therein used for school purposes or held in trust for 
schools shall be made, except by the city council upon the written 
request of such board of education. [As amended by act ap- 
proved April 22, 1899.] 



BOAKD OF EDUCATION. 155 

Real estate held for school purposes can be sold on two express con- 
ditions: first, the sale must be made by the city council, and second, 
it must be made by the council upon the written request of the board 
of education, and a mortgage for the unpaid portion of the purchase- 
money should be made to the city, and not to the board of education. 
People V. Roche, 124 111. 14. 

§ 26. All moneys raised by taxation for school purposes or re- 
ceived from the State common school fund, or from any other 
source for school purposes, shall be held by the city treasurer as 
a special fund for school purposes, subject to the order of the 
board of education, upon warrants to be countersigned by the 
mayor and city comptroller, if there shall be any city comptroller 
appointed, if not then by the city clerk. [As amended by an act 
approved April 22, 1899.] 

The board of education of the city of Chicago receives from the tax- 
payers, and holds as a trustee, the school fund, and is bound to ad- 
minister it for the benefit of the beneficiaries of the trust. The tax- 
payers are in equity the owners of the fund, and the board can only 
hold and apply it to legitimate purposes of the trust. 
Adams v. Brenan, 177 111. 198. 

§ 27. Said board of education shall not add to the expenditures 
for school purposes anything- over and above the amount that shall 
be received from the State common school fund, the rental of 
school lands or property, and the amount annually appropriated for 
such purposes. If said board shall so add to such expenditure the 
city shall not, in any case, be liable therefor. And nothing herein 
contained shall be construed so as to authorize any such board of 
education to levy or collect any tax upon the demand, or under the 
direction of such board of education. 

§ 28. All schools in such cities shall be governed as hereinbe- 
fore stated, and no power given to the board of education shall be 
exercised by the city council of such city. 

§ 29.^ Boards of education in all cities having but one board ex- 
ercising jurisdiction over the schools of the district of which said 
city may be a whole or part and having a population exceeding 
thirty thousand and not exceeding one hundred thousand inhabit- 
ants as shown by the last preceding federal or school census, shall 
have power to examine all persons offering themselves as candi- 
dates for teachers, and when found well qualified, to give them cer- 

1 This section, 29, was added to article VI by an act approved April 
24, 1899, in force July 1, 1899; and all acts and parts of acts in conflict 
with section 29 were repealed by section 2 of the same act. 



156 



GENERAL SCHOOL LAW. 



tificates. Any such certificate shall be held to authorize the teacher 
having the same to teach only in the schools of such district, and to 
entitle such teacher to receive compensation therefor from the pub- 
lic school fund. The examination herein provided for shall in 
every case extend to and include all the branches enumerated in 
the examination now, or which shall be hereafter required by gen- 
eral law to be given by county superintendents, and shall not be 
construed so as to dispense with the teaching in the public schools 
of this State of any study which is now or may hereafter be pre- 
scribed by general law. Every applicant for a teacher's certificate 
shall pay to the board of education the fees which may be required 
to be paid to county superintendents by general law, and said 
board shall transmit the same monthly to said county superin- 
tendents. 



FORM OP WARRANT FOR PAYMENT OF TEACHERS AND EMPLOYES. 






o 
O 



o 



o 

03 






o 
O 



Comptroller's No. 

Pay Roll Warrant 
Board of Education, City 
of . 



No. 



To the Treasurer of the City of 
Pay to the order of 



111., 



Dollars, 
and charge the same to the School Tax Fund : ^ Edu- 
cational Account. 

Payment ordered , 19 — . 

Board of Education of the City of . 

By , President. 

By , Secretary. 

Verified: 



FORM OF WARRANT FOR PAYMENTS ON BUILDING ACCOUNT. 



o 
O 





>, 












O 


rrt 


ti 


(D 


o 


^ 


O 


m 


>^ 


u 


c3 



o 



o 



Comptroller's No. — 
Warrant 
Board of Education of 
the City of 



No. 



-, 111., 
To the Treasurer of the City of - 
Pay to the order of ■ 



19—. 



Dollars, 
and charge the same to School Tax Fund: Building 
Account. 

Board of Education of the City of . 

By , President. 

By , Secretary. 

Payment ordered , 19 — . 



1 If the payment is made from the school fund or the school income 
fund, the warrant should so state. 



BOAED OF EDUCATION. 



157 



Date. 


Order No. 




1 


c 


$ 


c 






As per invoice on 
file in the ofl&ce of 
the Board of Educa- 
tion. 











Correct: 



Received at , Ills. Date, 

Education of the City of I 

above account. 



Audited, , 

Auditor. 
-, 19 — , from the Board of 
-, Dollars, in full of 



Note. — The above forms are adapted from forms now .used by the 
Board of Education of the City of Chicago. 



158 



GENERAL SCHOOL LAW. 





Article VII 




TEACHERS. 


1. 


Age and qualifications; grad- 


§10. 




uates of county normal 


11. 




schools. 




2. 


State certificates. 




3. 


First and second grade cer- 
tificates; subjects for ex- 


12. 




amination; renewal and 


13. 




revocation; form of certifi- 






cate. 


14. 


4. 


Record by county superin- 
tendent. 




5. 


Must have a certificate. 


15. 


6. 


Subjects to be taught. 




7. 


Examinations by county su- 






perintendent. 


16. 


8. 


Fee to be charged. 




9. 


Moneys thus received paid 






to county treasurer. 


17. 



Annual institute. 

No deduction of wages when 
attending institutes held 
on school days. 

Responsible for the prop- 
erty of the district. 

Must keep registers; form 
of register. 

Schedules of attendance to 
be made; form of sched- 
ule. 

Schedules to be delivered to 
directors ; certificate of 
directors. 

Teacher's wages payable 
monthly; unpaid orders 
to draw interest. 

School month; holidays. 

Section i. No teacher shall be authorized to teach a common 
school under the provisions of this act who is not of good moral 
character, at least eighteen years of age, if a male, or seventeen 
years of age, if a female, and who does not possess a certificate of 
qualifications as hereinafter provided for : Provided, that in any 
county in which a county normal school is established, under the 
control of a county board of education, the diplomas of graduates 
in said normal school shall, when directed by said board, be taken 
by the county superintendent as sufficient evidence of qualification 
to entitle the holder to a first grade certificate ; but such diplomas 
shall not be sufficient after two years from such graduation. 

A board of school directors has no power to employ a teacher who 
has not, at the time the contract is made, a certificate of qualification, 
as provided by the school law, and any contract made with a teacher 
not having such certificate is void, so as not even to be susceptible of 
ratification. 

School Directors v. Jennings, 10 111. App. 645. 

Stevenson v. School Directors, 87 111. 255. 

Wells V. The People, 71 111. 532. 
The contract of employment of a teacher not having a certificate of 
qualification to teach at the time is illegal, and cannot be made the 
basis for recovery. 

School Directors v. Newman, 47 111. App. 364. 

The provision of the statute, prohibiting the payment of any teacher 
not having a certificate of qualification at the time of his employment. 



TEACHERS. 159 

does not apply to boards of education which are expressly authorized 
to examine teachers and fix their salaries. 

Kuenster v. Board of Education, 134 111. 166. 

The provisions of the school law, requiring that a teacher be the pos- 
sessor of a certificate of qualification at the time of his employment, 
and prohibiting the payment to him of any portion of the school funds 
or other public funds unless he possesses such a certificate, applies to 
the board of education of the city of Galesburg, there being nothing 
in the special act of February 19, 1859, establishing the school system 
in that city, which gives the board of education the power of examining 
and determining the qualifications of teachers. 

Board of Education of Galesburg v. Arnold, 112 111. 11. 

§ 2. The State Superintendent of Public Instruction is hereby- 
authorized to grant State certificates to such teachers as may be 
found worthy to receive them; such certificates shall be of two 
grades, and both shall be valid in every county and school district 
in the State. The higher grade shall be valid during the lifetime 
of the holder, and the lower grade shall be valid for five years. But 
State certificates shall only be granted upon public examination, of 
which due notice shall be given, in such branches and upon such 
terms and by such examiners as the State Superintendent and the 
principals of the State universities may prescribe. Said certifi- 
cates may be revoked by the State Superintendent upon proof of 
immoral or unprofessional conduct. [As amended by an act ap- 
proved April 28, 1893.] 

A certificate of qualification of a teacher is prima facie evidence that 
the teacher is qualified, and where the possessor of such a certificate is 
discharged on the ground of incompetency, in an action by the teacher 
for the salary a^eed to be paid, the burden of proof is upon the direct- 
ors to prove his incompetency or neglect of duty. The law does not 
require the highest possible qualifications nor the most eminent talent 
for his profession in a teacher of a public school, in order to fulfill his 
contract, but only average qualifications and ability, and the usual ap- 
plication in the discharge of his duties. 

Neville v. School Directors, 36 111. 71. 

The certificate of qualification from the county superintendent is 
prima, facie evidence of the teacher's qualifications, and though it may 
be overcome by proof of incompetency, it cannot be impeached in an 
action brought by the teacher for his salary, and cannot be invalidated 
by the fact, improperly allowed to be shown, that for this particular 
certificate the teacher was not in fact examined by the county superin- 
tendent 

Doyle v. School Directors, 36 111. App. 655. 

Union School District v. Sterricker, 86 111. 595. 



160 GENERAL SCHOOL LAW, 

§ 3. It shall be the duty of the county superintendent to grant 
certificates to such persons as may, upon due examination, be found 
qualified. Said certificates shall be of two grades ; those of the 
first grade shall be valid in the county for two years, and shall 
certify that the person to whom such certificate is given is of good 
moral character, and is qualified to teach orthography, reading in 
English, penmanship, arithmetic, English grammar, modern geog- 
raphy, the elements of the natural sciences, the history of the 
United States, physiology and the laws of health. Certificates of 
the second grade shall be valid for one year, and shall certify that 
the person to whom such certificate is given, is of good moral 
character, and is qualified to teach orthography, reading in Eng- 
lish, penmanship, arithmetic, English grammar, modern geog- 
raphy, and the history of the United States •} Provided, that teach- 
ers exclusively teaching music, drawing, penmanship, book-keep- 
ing, German or any other special study shall not be required to be 
examined except in reference to such special study; and in such 
cases it shall not be lawful to employ such teachers to teach any 
branch of study except such as they have been examined upon and 
which shall be stated in the certificates. The county superintend- 
ent may, in his option, renew said certificates at their expiration 
by his endorsement thereon, and may revoke the same at any time 
for immorality, incompetency, or other just cause. Said certifi- 
cates may be in the following form, viz. : 

-, Illinois, , A. D. 



The undersigned, having examined in orthography, 

reading in English, penmanship, arithmetic, English grammar, 
modern geography, the history of the United States, and methods 

of teaching, and being satisfied that is of good moral 

character, hereby certifies that qualifications in the above 

branches are such as to entitle to this certificate, being 

of the grade, and valid in said county for year from 

the date hereof, renewable at the option of the county superin- 
tendent by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A. B., 
County Superintendent of Schools. 

[As amended by an act approved June 21, 1895.] 

1 See act requiring and regulating the study of physiology and hy- 
giene, approved June 9, 1897. 



TEACHEES. 161 

FORM OF EENEWAX OF TEACHEE'S CEETIFICATE. 

, Ills., , 19—. 

The within certificate is hereby renewed for year — from the 

date of its expiration, to wit, from 19 — . 

County Superintendent of Schools for County. 



FOEM OF EEVOCATION OF TEACHEE'S CEETIFICATE. 

, Ills., , 19—, 

To — (name of teacher) : 

The certificate of qualification heretofore issued to you as a teacher 
in county, bearing date the day of , 19 — , is hereby re- 
voked, and you are required to surrender the same forthwith. 

County Superintendent of Schools for County. 

Note. — In case the certificate is not surrendered, a notice, similar to 
the above, may be published in some paper of general circulation 
throughout the county. 

FOEM OF NOTICE TO DISTEICT OF EEVOCATION OF TEACHER'S CEETIFICATE. 

— , Ills., , 19—. 

To the Clerk of District No. , Township No. , Range No. , 

County, Illinois: 

You are hereby notified that the certificate of qualification of 

, a teacher in your district, was revoked by the undersigned on the 

day of , 19—. , 

County Superintendent of Schools for County. 

Note. — It is well to give notice, similar to the above, to the township 
treasurer and to the president of the board of trustees of the township, 
in case the teacher refuses to surrender the certificate or to withdraw 
from active duty as a teacher. 

While the statute imposes no duty to give to any one a certificate ex- 
cept to a person found qualified "upon due examination," yet the stat- 
ute does not require the certificate to state upon its face what that ex- 
amination was, or that such examination was had. A certificate is not 
invalid for want of conformity to the form furnished in the statute. 
The statute prescribes what fact the certificate must state, and then 
adds that the certificate may be drawn in a given form. The word 
"may'' in this case was not intended to be interpreted "must." 
School District v. Sterricker, 86 111. 597. 

§ 4. Each county superintendent shall also keep a record, in a 
book provided for that purpose, of all teachers to whom he grants 
11 



162 



GENERAL SCHOOL LAW. 



certificates. Said record shall show the date and grade of each 
certificate and all renewals granted, and the name, age and nativ- 
ity of each teacher ; and shall give the names of male and female 
teachers separately. Said record may be as follows, viz. : 



Name. 


Age. 


Nativity. 


Date. 


Grade. 


Experience. 


Graduated. 


Chas. Thompson. 


25 


Illinois. . . 


Mar. 1, 1888 


1 


Has taught five 
years 


State Normal Uni- 
versity. 



§ 5. No teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be employed to 
teach any school under the provisions of this act, who shall not, at 
the time he enters upon his duties as such teacher, have a certifi- 
cate of qualification obtained under the provisions of this act from 
the superintendent of the State, or the county superintendent of 
the county in which the school is located, entitling him to teach. 
[As amended by act approved June 19, 1893.] 



When a party seeks to draw money from a public fund under the pro- 
visions of a law controlling its distribution, he must by necessary aver- 
ments bring his case within its provisions. 
Botkin v. Osborn, 39 111. 101. 

One board of school directors has no power under the school law to 
make contracts wholly to be carried out in the future, and thereby 
divest future boards of the power to select the teachers they shall 
desire for the terms to be commenced after their organization. 
School Directors of District No. 6 v. Hart, 4 111. App. 225. 

Directors cannot be permitted, five days before the current school 
year expires, to hire a teacher, perhaps obnoxious to the people of the 
district, to teach a term of school extending nearly three months into 
the ensuing school year. 

Cross V. School Directors, 24 111. App. 193. 

The court sustains the right of a teacher to recover upon an alleged 
special contract to teach for one month after the expiration of her 
regular term of four months. 

Stewart v. School Directors, 24 111. App. 229. 

School directors having employed a teacher for six months who did 
not possess the necessary certificate, but who obtained the same after 
having taught three months, will not be allowed to make a new contract 
with the teacher for the remaining three months at twice the salary 
the teacher was to receive under the first contract. The court holds 



TEACHEES. 163 

that the first contract was void, and that the new contract, being an at- 
tempt to do indirectly what was beyond the power of the directors to 
do directly, was void. 

Wells V. The People, 71 111. 532, 

There is no objection to contracts for the teaching of terms extend- 
ing for a reasonable time beyond the current school year, when such 
contracts are entered into in good faith and not for the purpose merely 
of forcing upon the district an unsatisfactory teacher, or defeating tha 
will of the voters at the annual election. But one board of directors can- 
not, by contracts wholly to be carried out in the future, deprive future 
boards of directors of the power to select the teachers they shall desire 
for the terms to be commenced after their organization, 
Stevenson v. School Directors, 87 111. 258. 

A court of equity will not enjoin the payment of the salary of a 
teacher not holding the county superintendent's certificate in a district 
containing more than two thousand inhabitants, for the reason that 
the board of education of such districts is authorized to examine and 
employ teachers. 

Kuenster v. Board of Education, 31 111. App. 386. 

A teacher who possesses the necessary certificate from the county 
superintendent at the time of signing her contract with the directors, 
can recover on the contract, although at the time of her application 
for the position and the date of the contract she had no certificate. 
School District v, Stilley, 36 111. App. 133. 

A teacher who seeks to recover for services rendered, or to recover 
damages from the district for breach of a contract to teach, must dis- 
tinctly and affirmatively allege in his declaration that at the time of his 
employment he had a legal certificate of qualification, entitling him to 
teach during the entire term of his contract. 

Stanhope v. School Directors, 42 111. App. 571. 

The above provision of the statute applies to teachers employed by 
the board of education of the city of Galesburg. 
Board of Education v. Arnold, 112 111. 11. 

Prior to July 1, 1893, the statute provided that no teacher should be 
entitled to any portion of the school fund, or be employed to teach, 
who had not at the time of the employment a certificate of qualification, 
but by amendment in force on the date mentioned, it is sufficient that 
the teacher shall have a certificate "at the time he enters upon his 
duties as such teacher." 

Pollard V, School District, 65 111. App. 106. 

If the teacher has her certificate at the time her school opens, it is 
sufficient under the law as it now exists. 

School Directors v. Orr, 88 111. App. 650. 

Under the school law of 1849, a teacher was not entitled to any por- 
tion of the school fund unless he obtained the requisite certificate of 



164 GENERAL SCHOOL LAW. 

qualification and presented it to the directors before the commence- 
ment of the school. 

Casey v. Baldridge, 15 111. 65. 

§ 6. Every school established under the provisions of this act 
shall be for instruction in the branches of education prescribed in 
the qualifications for teachers, and in such other branches, includ- 
ing vocal music and drawing, as the directors, or the voters of 
the district at the annual election of directors may prescribe. 

The actual teaching of the school is a condition precedent to the pay- 
ment of the salary agreed to be paid. 
Dunn V. Moore, 16 111. 151, 

The school should be for instruction in the branches of education 
enumerated in the statute, but may properly embrace other branches. 
The medium of instruction must be the English language. 
Powell V. Board of Education, 97 111. 378. 

§ 7. It shall be the duty of the county superintendents to hold 
meetings, at least quarterly, and oftener, if necessary, for the ex- 
amination of teachers, on such days and in such places in the re- 
spective counties, as will, in their opinion, accommodate the great- 
est number of persons desiring such examination. Notice of such 
meetings shall be published a sufficient length of time, in at least 
one newspaper of general circulation, the expense of such publi- 
cation to be paid out of the school fund. 

§ 8. The county superintendent shall in all cases require the 
payment of a fee of one dollar from every applicant for examina- 
tion for a teacher's certificate, and for each renewal of such a cer- 
tificate he shall require the payment of a fee of one dollar. 

§ 9. All moneys so received from applicants for teachers' cer- 
tificates, and from the registration fees hereinafter provided for, 
the said county superintendent shall transmit monthly to the 
county treasurer, to be by him held and designated as the institute 
fund, and with such fund the county superintendent shall give the 
treasurer a list of the names of the persons paying such fees. Said 
fund shall be paid out by the county treasurer only upon the order 
of the county superintendent, and only to defray the expenses of 
the teachers' institutes, which the county superintendent is, by the 
following sections, authorized to hold. The county superintend- 
ent shall take vouchers for all payments made out of the institute 
fund, and he shall render an account of such disbursements, with 
vouchers for the same, to the county board at their regular meet- 
ing in September annually. 



TEACHEES. 165 

FOEM OF OEDEE ON INSTITUTE FUND. 

The treasurer of cx)unty will pay to the order of , 

dollars out of the Institute Fund for , as specified in the 

voucher on file in my office. , 

County Superintendent of Schools of County. 

FORM OP EEOEIPT FOE DEPOSIT OF INSTITUTE FUND. 

, Ills., , 19—. 

Received of , county superintendent of schools for 

county, dollars, deposited to the credit of the Institute Fund. 



County Treasurer. 

FOEM OF MONTHLY EEPORT OF INSTITUTE FUND. 

List of applicants for examination, who have paid the examination 
fee and of persons Who have paid the renewal fee required by section 8 
of article VII of the School Law. (Here insert names of the two classes 

of persons mentioned.) , 

County Superintendent of Schools of County. 

, Ills., , 19—. 

§ 10. The county superintendent shall hold, annually, a teach- 
ers' institute, continuing in session not less than five days, for the 
instruction of teachers and those who may desire to teach; and, 
with the concurrence of the State Superintendent of Public In- 
struction, procure such assistance as may be necessary to conduct 
said institute at such time as the schools of the county are gen- 
erally closed : Provided, that two or more adjoining counties may 
hold an institute together. At every such institute instruction 
shall be free to such as hold certificates good in the county (or 
counties where two or more join to hold an institute) in which the 
institute is held; but the county superintendent shall require all 
others attending to pay him a registration fee of one dollar, ex- 
cept those who have paid hhn an examination fee as required by 
section 8 of this article, and failed to receive a certificate. 

FOEM OF EEPOET OF EEGISTEATION FEES. 

List of persons who have paid the registration fee of one dollar, pur- 
suant to section 10 of article VII of the School Law, at institute held at 
■ for weeks, beginning the day of , 19 — : (Here in- 
sert names.) , 

County Superintendent of Schools of County. 

, Ills., , 19—. 



166 GENERAL SCHOOL LAW. 

§ II. The time not exceeding three days in any one term, or 
five days in any one school year, during term time, actually spent 
by a teacher of any public school in this State in attendance upon 
a teachers' institute, held under the direction of the county super- 
intendent of schools, shall be considered time lawfully expended 
by such teacher in the service of the district where such teacher 
is employed, and no deduction of wages shall be made for such ab- 
sences. And it shall be the duty of the school officers and boards 
of education to allow teachers to close their schools for such at- 
tendance upon such institute. 

§ 12. It shall be the duty of every teacher employed in the pub- 
lic schools of the State to see that the school property of the dis- 
trict, placed under his care and control, is not unnecessarily dam- 
aged or destroyed. And no teacher shall be paid any part of the 
school funds, unless he shall have kept and furnished schedules 
(when required by law) as hereinafter directed, and shall also 
have satisfactorily accounted for all books, apparatus and other 
property belonging to the district, which he may have taken in 
charge. 

Where two of tlie three school directors consent to the employment 
of a teacher, and he exhibits to them his certificate of qualification at 
the time of his employment, and teaches the school according to con- 
tract, and delivers a schedule to one director, who signs and retains it, 
the teacher will be entitled to recover the wages agreed upon. 
Adkins v. Mitchell, 67 111. 511. 

§ 13. Teachers shall keep correct daily registers of their 
schools, which shall exhibit the name, age, and attendance of each 
pupil, the day of the week, the month and the year. Said reg- 
isters shall be as nearly, as may be, in the following form, the ab- 
sence of each scholar being signified by a mark, the presence by 
a blank, viz. : 



TEACHERS. 



167 



Register of a common school kept by A. B., at 
No. , in township No. , range — 



of the 



meridian, in the county of 



in the State of IlHnois. 



in district 
principal 



Nambs and Ages of Scholars At- 
tending School, 


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Names. 


Ages. 




10 
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IS 


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11 


Sarah Danf orth 


SO 


Mary Newman 

Grand total No. of days . . 


18 
64 




Males. 


Females. 


Total. 


Number ol scholars 


2 


2 


4 


























. 



Average daily attendance. 



Said register shall be furnished to the teachers by the school di- 
rectors, and each teacher shall, at the end of his term of school, 
return his register to the clerk of the school board of the district. 
And no teacher shall be paid any part of the public funds unless 
he shall have accurately kept and returned the register as afore- 
said. 

§ 14. In all districts controlled by a board of directors, teach- 
ers shall make schedules of the names of all scholars under twenty- 
one (21) years of age attending school, in the form prescribed by 
this act, and when scholars reside in two (2) or more districts, 
townships or counties, separate schedules shall be kept for each 
district, township or county. Boards of education may require 
teachers under their control to make schedules as herein directed, 
or to make statements certifying the number of days' attendance 
for each month, as shown by their registers, which statements 
shall be certified to by the board of education, and be subject to 
the same requirements concerning payment of teachers' salary 



168 



GENERAL SCHOOL LAW. 



and filing as those made by this act concerning schedules. The 
schedules to be made and returned by the teacher shall be, as near 
as circumstances will permit, in the following form, viz. : 



at 



in dis- 



Schedule of common school kept by 

trict No. , township No. , range No. ,- of the 

principal meridian, in the county of , in the State of Illinois. 

Names and ages of scholars residing in district No. , in town- 
ship No. , north, range west, county, who have at- 
tended in my school during the time beginning the day of 

1 8 — , during which 



1 8 — , and ending the day of , iJ 

time the school was in session school days. 



Names. 


Ages. 


Days 
Attended. 


John Smith 


10 
13 
16 

18 


15 


Isaac Meisler 


11 


Sarah Danforth 


20 


Mary Newman 


18 






Grand total number of days' attendance 


64 











Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 






Average daily attendance 


3.2 











And said teacher shall add up the whole number of days' at- 
tendance of each scholar, and make out the grand total number 
of days' attendance. He shall also note the whole number of 
scholars, giving the males and females separately; the average 
daily attendance, and shall set the age of each pupil opposite the 
name of such pupil, as in the form above prescribed, and shall at- 
tach thereto his certificate, which shall be in the following form, 
viz. : 

I certify that the foregoing schedule of scholars attending my 
school as therein named, and residing as specified in said schedule, 
to the best of my knowledge and belief is correct. 

A B , Teacher. 

Under the foregoing section, it is unlawful for the board of education 
to draw an order for the payment of a teacher, or for the township 
treasurer to pay the teacher, until the schedule as above required, prop- 



TEACHEES. 169 

erly certified by the school directors, has been filed with the township 
treasurer, and any order drawn before the filing of such a schedule is 
illegal and void, and cannot be made the basis of any recovery from the 
district. 

School Directors v. First National Bank of Greenville, 3 111. App. 
349. 
However regular all the anterior proceedings of a school teacher up 
to the time of presenting the schedule to the school directors may have 
been, under the law of 1855, unless the schedule was properly certified 
and presented In proper time, the payment for his services could not be 
enforced against the trustees of schools by bill in chancery. If there 
was any remedy, it was by mandamus. 

Cotton V. Reed, 20 111. 607. 

§ 15. When the teacher shall have completed his or her sched- 
ule or schedules as provided in the foregoing section, he or she 
shall deliver it to some one of the directors, who shall, if requested, 
give the teacher a receipt for the same. And it shall be the duty 
of the said director, in connection with at least one other director 
of the board, to carefully examine such schedule or schedules, 
and after correcting all errors, if any, if they shall find such 
schedule to have been kept according to law ; they shall certify to 
the same as near as practicable, in the following form, viz. : 

State of Illinois, \ 

County. I 

We, the undersigned directors of district No. , township 

No. , range No. , in the county aforesaid, certify that 

we have carefully examined the foregoing schedule and find the 
same to be correct, and that the school was conducted according to 

law ; that the teacher is paid as per contract dollars per ; 

that the sum of dollars is now due for services for 

the month ending ; that said teacher has a legal certificate of 

grade, and that the property of said district in charge of such 

teacher has been satisfactorily accounted for. 

Witness our hands this day of , A. D. . 



Directors. 



FORM OF BECEIPT OF SCHEDTTLE. 



, Ills., , 19—. 

Received of , teacher in district No. , township No. , 

range No. , a schedule of said school for the period beginning on. 

the day of , 19 — , and ending on the day of , 19 — . 

Director. 



170 GENERAL SCHOOL LAW. 

The legislature Intended that these provisions should be complied 
with, to authorize money to be apportioned to the payment of teachers. 
Cotton V. Reed et al., 20 111. 609, 
Under the school law of 1849, school directors were not bound to 
certify the schedule of a teacher who did not present them a proper 
certificate of qualification before the commencement of the school. 
Smith V. Curry, 16 111. 147. 

It is sufficient that the teacher completed the term of employment and 
tendered the schedule and register to the clerk of the board, who re- 
fused to receive them. 

School Directors v. Sprague, 78 111. App. 390. 

§ 1 6. Teachers' wages are hereby declared due and payable 
monthly, and upon certifying to the schedule or statement, as here- 
inbefore provided for, the directors, or board of education may at 
once make out and deliver to the teacher an order upon the town- 
ship treasurer for the amount named in the schedule or statement ; 
which order shall state the rate at which the teacher is paid ac- 
cording to his contract, the limits of the time for which the order 
pays, and that the directors have duly certified a schedule cover- 
ing the time specified in such order: Provided, that in case said 
order shall be presented to the township treasurer and not paid 
for want of funds, said treasurer shall certify on the back of such 
order the date of presentation as required by section i8 of arti- 
cle IV of this act, and thereafter such order shall bear interest at 
the rate of seven per cent per annum until paid, or until the said 
treasurer shall notify the clerk of the board of directors issuing 
such order that he has funds with which to pay the same. [As 
amended by an act approved April 24, 1899.] 

FOBM OF TEACHEE'S OEDEB. 

The treasurer of township No. , range No. , county, will 

pay to , or order, dollars for h services as teacher in 

district No. — — , in said township, from the day of , 19 — , to 

the day of , 19 — , inclusive, being at the rate of dollars 

per month, for which period we have certified h schedule as re- 
quired by law. 

By order of the board of directors of district No. in said town- 
ship. , President. 

, Clerk. 

FORM OF INDORSEMENT OF UNPAID OEDEE, 

The within order was presented to me for payment on the day of 

, 19 — , and was not paid for lack of funds. 

, Township Treasurer. 



TEACHERS. lYl 

Money in the hands of a township treasurer cannot be reached by 
garnishee process in favor of creditors of a teacher of a public school 
before distribution thereof among the school districts of the township. 

Millison v. Fisk, 43 111. 112. 
A board of education will not be discharged from liability on its 
contract with a teacher, by reason of the destruction of the school 
house by a tornado, and the inability of the board of education to pro- 
cure another building. If it had been desired to discharge either party 
to the contract for such cause, the contract should have so provided. 

Corn V. Board of Education, 39 111. App. 453. 
A teacher can recover under his contract, although he has not kept 
and cannot furnish a schedule, in a case w^here, the school building 
being destroyed by fire, the directors have failed to furnish another 
room. A destruction of the school house does not exonerate the direct- 
ors from the performance of their duty to maintain a school for at 
least five months in the year, as they can in that event rent a suitable 
room for school purposes. 

School Directors v. Crews, 23 111. App. 370. 
When a township is redistricted by the trustees and the territory of 
a district is thereby formed into other districts, so that the old district 
ceased to exist, it is the duty of the township trustees to apportion the 
indebtedness among the new organizations, and in case of their failure 
to do so, the old district will be continued in existence for the purpose 
of enforcing its liabilities, and a recovery may be had in an action by a 
teacher for his wages. 

Rogers v. The People, 68 111. 154. 
Where the directors have selected and employed a school teacher, the 
contract is for the personal services of the teacher so employed, and 
she cannot fulfill the contract by hiring a substitute, no matter how 
competent the substitute may be. 

School Directors v. Hudson, 88 111. 563. 

§ 17. The school month shall be the same as the calendar 
month, but teachers shall not be required to teach upon Saturdays, 
Sundays, legal holidays, these being New Year's, Fourth of Julv, 
Christmas and Thanksgiving, and fast days appointed by the na- 
tional or state authority; nor shall they be required to make up 
the time lost by closing school upon such days or upon such spe- 
cial holidays as may be granted the schools by the board of di- 
rectors. 

Under the statute relating to negotiable instruments, chapter 98, sec- 
tion 17, the following days are made legal holidays, in addition to those 
above enumerated, to wit: February 22nd (Washington's Birthday); 
May 30th (Decoration Day); February 12th (Lincoln's Birthday); 
and the first Monday in September (Labor Day). 



172 



GENERAL SCHOOL LAW. 



Article VIII. 



REVENUE — TAXATION. 



Power to tax; limitations. 

Certificate of tax levy; time 
of return; form. 

Return of certificate to 
county clerk; map filed. 

District in two counties. 

Taxes computed by county 
clerk. 

Assessors to designate the 
district. 

County clerk to copy num- 
bers of districts; taxes to 
be uniform. 



§ 8. Certificate of amount due 
each, district. 
9. Collector to pay township 
treasurer. 

10. Districts lying in two town- 

ships. 

11. Penalty for failure to pay. 

12. Blank books and notices. 

13. Failure to file certificate 

does not vitiate the as- 
sessment. 



A party who complains of a school tax as levied in a certain district 
must show that the property was not taxable in such district. Personal 
property follows the residence of the owner as a general rule, and is 
taxable at that place, but if permanently located elsewhere, it may 
be taxed at the place where it is so located. 

Mills, Executor, v. Thornton, 26 111. 300. 
The provisions of the constitution of 1870, whereby the legislature 
is prohibited from enacting any local or special law, providing for the 
management of the common schools, relates to special legislation on 
school management solely, and does not prevent the levy of school 
taxes and the custody of the funds derived therefrom by different of- 
ficers in a city than those discharging similar duties in other localities. 

Speight V. The People, 87 111. 596. 
The General Assembly has full power to select or prescribe the agen- 
cies by which school taxes shall be levied, collected, held and disbursed 
for school purposes, and all laws, whether in city charters or else- 
where, designed to affect free schools, may be regarded as school laws. 
The constitutional prohibition as to the passing of school laws relates 
merely to the management of the common schools, — that is, to the con- 
duct of common schools in imparting instruction, and does not relate 
to the matter of providing the necessary funds for their support. 

Fuller V. Heath, 89 111. 313. 
The board of education in school districts organized under article VI 
of the school law are, in respect to the levy of special taxes for school 
purposes, vested with the same power, and no greater, than school 
directors are invested with, and must proceed in the mode therein di- 
rected. 

People V. Smith, 149 III. 552. 



REVENUE 



TAXATION, 1Y3 



§ 202.^ May levy tax annually for school purposes.] For 
the purpose of establishing and supporting free schools, for not 
less than five or more than nine months in each year, and defray- 
ing all the expenses of the same of every description ; for the pur- 
pose of repairing and improving school houses, of procuring fur- 
niture, fuel, library and apparatus, and all other incidental ex- 
penses in each district, village or city, anything in any special 
charter notwithstanding, the directors of such district and the 
authorities of such village or city shall be authorized to levy a tax 
annually upon all the taxable property of the district, village or 
city, not to exceed two and one-half per cent for educational and 
two and one-half per cent for building purposes (except to pay 
indebtedness contracted previous to the passage of this act), the 
valuation to be ascertained by the last assessment for State and 
county taxes. [As amended by an act approved April 12, 1899.] 

§ 202.^ For the purpose of establishing and supporting free 
schools for not less than six nor more than nine months in each 
year, and defraying all the expenses of the same of every descrip- 
tion, for the purpose of repairing and improving school houses, of 
procuring furniture, fuel, libraries and apparatus, and for all other 
necessary incidental expenses in each district, village or city, any- 
thing in any special charter to the contrary notwithstanding, the 
directors of such district and the authorities of such village or city 
shall be authorized to levy a tax annually upon all the taxable 
property of the district, village or city not to exceed two and one- 
half per cent for educational and two and one-half per cent for 
building purposes (except to pay indebtedness contracted previ- 
ous to the passage of this act), the valuation to be ascertained by 
the last assessment for State and county taxes : Provided, that in 
cities having a population exceeding one hundred thousand in- 
habitants the board of education may establish and maintain vaca- 
tion schools and play grounds under such rules as it shall pre- 
scribe. 

And, provided further, that nothing herein contained shall be 
held to repeal or modify the limitations contained in section forty- 

1 This act is evidently intended to amend section one of article VIII, 
of the act of 1889. The number, 202, cited in the act, is the number of 
the paragraph of chapter 122, Kurd's Revised Statutes. 

2 This act is evidently intended to amend section one of article VIII, 
of the act of 1889. The number, 202, cited in the act, is the number of 
the paragraph of chapter 122, Kurd's Revised Statutes. 



1T4: GENERAL SCHOOL LAW. 

nine (49) of an act entitled, "An act for the assessment of prop- 
erty and providing the means therefor, and to repeal a certain act 
therein named," approved February 25, 1898. [As amended by 
an act approved April 21, 1899.] 

Ttie act of 1899, to amend section 1 of article VIII of the School 
Law, by permitting the levy of a two and one-half per cent, tax for 
educational purposes and a similar tax for building purposes, is not 
rendered invalid because the number "202" was inadvertently used in- 
stead of "1." Two amendatory acts were passed at that session as 
above indicated. 

Otis V. The People, 196 111. 542. 

Under the act of 1861, no tax could be levied either for the erection 
or repair of school houses or the support of schools, on lands distant 
more than three miles from the location of the house or school, and a 
judgment against land for non-payment of a tax levied in violation of 
said act was erroneous. A judgment cannot be rendered for taxes, a 
part of which are shown by the record to be illegal. 
Campbell v. State, 41 111. 454. 

The words "repairing and heating purposes," embodied in a certifi- 
cate, include such "necessary incidental expenses" as are embraced 
within the meaning of the terms "educational purposes" and "school 
purposes," as used in the above section. 

C. & A. R. R. Co. V. The People, 163 111. 621. 

By the express terms of the statute, no more than two per cent, for 
educational purposes on the valuation of the last assessment could be 
legally levied under the law as it existed in 1895. Although the direct- 
ors' certificate may require more than the per cent, allowed by the 
statute, the taxes cannot be lawfully extended for an amount in excess 
Df that per cent. 

C. & A. R. R. Co. v. The People, 155 111. 280. 

The wording of this section — referring to the section as it stood prior 
to the last amendment — is peculiar, in that it places a limitation of 
two per cent, of the tax for educational purposes, and allows three 
per cent, additional for building purposes. The expressions "educa- 
tional" and "building" purposes do not, if taken literally, cover all the 
purposes for which school taxes may be lawfully levied. It would be 
difficult to place the items of fuel, janitor service, or stove repairs under 
either of these heads, yet no one would doubt that these limitations 
covered every purpose for which a school tax can be levied, except it be 
to pay indebtedness contracted prior to the passage of the act. The 
cost of a small coal shed, expenses for painting and papering the 
school hovise, for building a porch, for lumber and flooring, for stoves 
and stove repairs, janitor's services, and fuel, cannot be included in the 
tax levied for building purposes, but must be included in the two per 
cent, levy allowed for educational purposes. 
O'Day V. The People, 171 111. 293. 



KEVEISrUE TAXATION. 175 

What is the last assessment for state and county taxes, within the 
meaning of this section? Is it the assessment for the current year, 
which at the time the first step in the matter of levying the school tax 
is required to be taken is still incomplete, or is it the assessment made 
for state and county taxes for the preceding year? The court holds 
that the school taxes are required to be computed and extended upon 
the valuation and assessment of property for purposes of taxation for 
the current, and not for the previous year, so that a school tax levied 
in 1891 must be based on the assessment of that year, and not for the 
year 1890. 

Wabash R. R. Co. v. The People, 147 111. 196. 
A court of equity will not interpose by injunction to prevent the col- 
lection of a school tax because a greater amount has been levied than 
was necessary for the authorized purposes, provided the levy is within 
the power conferred by the directors, and in the absence of any charge 
of fraud or misconduct on the part of the directors. Subject to the 
limitations of the statute, the directors have a large discretion in de- 
termining the amount required to be raised for school purposes. 

Lawrence v. Traner, 136 111. 474. 
The corresponding sections of former laws have no reference to pro- 
ceedings to raise money by a corporate body, acting under a special 
charter. Authority to city or village boards to levy a rate of taxes 
does not annul the powers of the special boards of education. If such 
boards of education wish to avail themselves of the increased powers 
of taxation granted by the general school law, they must organize 
under that law. 

People V. Mayor of Bloomington, 130 111. 406. 
Under the statute as it existed prior to the last amendment, the au- 
thority of a board of education to levy school tax is limited to two 
per cent, of the last assessed valuation, except where it is necessary 
to levy a tax for building purposes, in which case the levy is limited to 
three per cent. Any excess over the two per cent, of the assessed 
valuation which may be extended by the county clerk on a certificate 
from the board of education of a tax for "school purposes" merely, is 
illegal and void. 

St. L., R. I. & C. R. R. Co. V. The People, 177 111. 80. 
Where a levy for building purposes includes items for educational 
purposes, the same cannot be held valid, although the tax levy for edu- 
cational purposes does not equal the amount authorized by law, for the 
reason that the funds of the two purposes cannot be intermingled, and 
taxes levied for one purpose cannot be applied to the other. 

Knopf V. The People, 185 111. 32. 
A tax levied under section 12 of article IX of the constitution, which 
requires municipal officers incurring any indebtedness to provide for 
the collection of a direct annual tax sufficient to pay the interest and 
principal in twenty years from the time of contracting the same, is self- 
executing, and a tax so levied does not fall within the items of expense 
for educational or building purposes mentioned in the foregoing sec- 



176 GENEKAL SCHOOL LAW. 

tion, althougli the same may have been levied to pay the interest and 
principal on school house bonds. 

B. & O. S. W. R. R. Co. V. The People, 195 111. 423. 

Under section 7 of the General School Law, as amended in 1891 — 
Laws of 1891, page 197,- — the only change effected in the public school 
provisions of special charters of cities and villages is to make the limit 
of taxation for educational and building purposes the same as under the 
general school law. 

C, C, C. & St. L. R. R. Co. V. Randle, 183 111. 364. 

A tax for building purposes is one thing, and a tax for educational 
or school purposes is another, and even if the two per cent, allowed as 
the amount of the tax for school purposes is not sufficient, a greater 
amount cannot be raised by the levying of a further tax and calling it 
a tax for building purposes. If any portion of the tax purporting to be 
levied for building purposes is in fact for school purposes, and to be 
used as such, then such portion of the tax is improperly and illegally 
levied. The placing of a steam heating apparatus in the school build- 
ing in place of the old one, which had become useless, and a reconstruc- 
tion of a part of the basement in the school building, which had become 
deficient and had been torn down, and the making of a change in the 
system of draining the basement, and also the construction of a stone 
walk around the school house, come within the current ordinary ex- 
penses of the school, and are covered by the taxes to be levied within 
the two per cent, for educational purposes. 

Wabash R. R. Co. v. The People, 187 111. 296. 

From a consideration of the above section and the section following, 
it seems to be very clear that school taxes are required to be computed 
and extended upon the valuation and assessment of property for pur- 
poses of taxation for the current and not for the previous year. 
Wabash R. R. Co. v. The People, 147 111. 202. 

For the purpose of ascertaining the extent to which a school district 
may lawfully become indebted, a reference must be had to the last pre- 
ceding assessment which has been completed by the final action of the 
State Board of Equalization. A levy of two and one-half per cent, 
for building purposes is valid, if the amount to be raised by such levy 
does not exceed that to which a district may lawfully become indebted, 
although the contract for the school building attempts to create an in- 
debtedness beyond the limit allowed by the constitution. 
Wabash R. R. Co. v. The People, 202 111. 9. 

Any attempt on the part of school directors to levy a school tax on 
property in territory detached from their district will be illegal and 
may be enjoined. Their powers are limted to taxation of the property 
within the boundaries of their district at the time of the levy. 

School Directors of Union School District v. School Directors of 
New Union School District, 135 111. 464. 

The rule that an illegal and void tax, voluntarily paid, cannot be re- 
covered from the municipality by the person paying, being settled by 
the adjudications of this court, it must be held that what cannot be 



KEVENUE TAXATION. 177 

done directly cannot be done by indirection. No right exists in other 
tax-paj^ers to recover such voluntarily paid taxes. 

Walser v. Board of Education, 160 111. 276, affirming Board of 
Education v. Board of Education, 57 111. App. 288. 
When the election authorizing the erection of a school building did 
not limit the cost of such building to the amount of the bonds voted, 
nor specify the purpose for which the bonds were to be issued, a levy 
for building purposes is valid within the limit imposed by law, to make 
up the difference between the cost of the school building and the pro- 
ceeds derived from the sale of the bonds. 

People V. C. & N. W. Ry. Co., 186 111. 139. 
A tax for building purposes includes a tax to enable a school dis- 
trict to pay its proportionate share of a school building. 

Trustees of Schools v. School Directors of District No. 2, 190 
111. 390. 

In the administration of the school law, the city council of the city 
of Chicago performs the same functions as the school authorities in 
school districts generally, and may levy a tax, not exceeding two and 
one-half per cent, for educational, and two and one-half per cent, for 
building, purposes. The terms "educational purposes" and "school 
purposes" are used interchangeably in the school law, and the legis- 
lature has fixed the form of certificate for the levy of school taxes by 
the school directors. The certificate is to state the sum required for 
school purposes and the sum required for building purposes. It is 
unnecessary to go into the items of either, or to make further specifi- 
cation. 

Koelling v. The People, 196 111. 360. 

The legislature has power to pass an act to remedy defects in the 
law authorizing taxation for building school houses while the tax 
remains uncollected. 

Cowgill V. Long, 15 111. 203. 

Under section 44 of the School Law of 1865, directors might levy 
a tax of one per cent, upon the property in the district for school pur- 
poses without special authority to do so by a vote of the people, but 
a tax levied by them for building purposes without a favorable vote 
of the people being obtained, as required in section 48 of that act, was 
unauthorized and illegal. 

Mt. Carbon Coal & R. R. Co. v. Blanchard, 54 111. 241. 

§ 2. The directors of each district shall ascertain, as near as 
practicable, annually, how much money must be raised by special 
tax for school purposes during the ensuing year, which amount 
shall be certified and returned to the township treasurer on or be- 
fore the first Tuesday in August, annually. The certificate of the 
directors may be in the following form, viz. : 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purposes, and dollars for 

13 



178 . GENERAL SCHOOL LAW. 

building purposes, on the taxable property of our district, for the 
year A. D. 



Given under our hand this day of , A. D. 



A. B., '\ Directors district No. , township 

CD., y No. , range No. , county 

E. F., 3 of , State of Ilhnois. 

Note. — Directors should preserve a record in the clerli's book of the 
amount of tax levy for each year. 

Under the former law it was essential to the validity of a school tax 
that it be certified by the clerk on the day designated by law. 
Cowgill V. Long, 15 111. 203. 

The failure of the directors to certify a school tax by the day named 
in the statute does not render the tax invalid. 
Moore v. Fessenbeck, 88 111. 422. 

It must be accepted as the settled construction of the statute that 
while the directors' certificate is the basis of the levy of a school tax, 
and essential to the validity of the same, the amount fixed by them, 
if it exceeds the statutory limit, does not necessarily control the 
county clerk in extending the tax. A school tax will not be rendered 
invalid by reason of mistakes in the certificate by the directors. 

C. & A. R. R. Co. V. The People, 155 111. 282. 
The failure of the members of the board of education to sign the 
certificate, who were present at the meeting when a tax for school pur- 
poses was voted, was held not to invalidate the tax in a case where 
said members were present at the hearing in the county court, and 
stated that they would have signed the certificate had they known it 
was necessary, and the court thereupon permitted the certificate to be 
amended and signed. 

Spring Valley Coal Co. v. The People, 157 111. 543. 

I. D. & W. Ry. Co. V. The People, 201 111. 351. 

A certificate of the levy of a school tax being signed by two of the 
board of directors, it will be presumed that the other member of the 
board was present and concurred in the action of the others. The cer- 
tificate of the school directors, filed with the township treasurer, con- 
stitutes the levy of school taxes, and it will be presumed that the cer- 
tificate is in accordance with the requirements of the statute. 
Lawrence v. Traner, 136 111. 474. 

The form of the certificate must be as prescribed by the statute. 
Without such a certificate, the county clerk is not authorized to ex- 
tend a tax for building purposes. The meaning of the provision that 
the certificate "may" be in the specified form is that it "shall" be in 
such form. Where a statute directs the doing of a thing for the sake 
of justice or the public good, the word "may" is the same as the word 
"shall," and expresses a duty equally imperative. The certificate 
which the school directors are empowered to make by the above sec- 
tion, lying as it does at the basis of the school tax, is jurisdictional in 
its character, and a tax extended by the county clerk without such a 



REVENUE — TAXATION. 179 

certificate of the directors is witliout authority of law, and null and 
void. 

C. & A. R. R. Co. V. The People, 163 111. 620. 

The certificate of the levy of a school tax in the form required by 
law, by the school authorities, is essential to the validity of the tax. 
Such a certificate, signed by two persons as directors of the district, 
may be amended on the application for judgment for delinquent taxes, 
by changing the board of directors to board of education, and by desig- 
nating the parties signing as president and secretary respectively. 
C. & A. R. R. Co. V. The People, 171 111. 544. 

The form of the certificate is mandatory, and if it is for school 
purposes and fails to state that a tax is required to be levied for build- 
ing purposes, a levy beyond two per cent, will be void. The purpose 
of the statute is that the amount required shall be within the limits 
provided by law, abating any excess beyond the limitation fixed by 
statute. 

St. L., R. I. & C. R. R. Co. V. The People, 177 111. 80. 

A certificate of levy for school purposes cannot be amended upon 
application for judgment of sale, when such certificate appears to have 
been made by the president pro tempore of the board of education the 
day after the meeting of the board at which the levy was voted, but no 
certificate thereof was made or authorized, for the reason that no cer- 
tificate was prepared after the making of the levy and while the board 
was still in session. 

People V. C. & N. W. Ry. Co., 183 111. 314. 

A similar certificate of school tax levied, signed by the president and 
secretary of the board of education, was allowed to be amended in 
open court on application for judgment of sale, and the other mem- 
bers of the board permitted to sign the same, it being shown that such 
members were present officially at the regular meeting of the board 
when the certificate was made out, and that they assented to its mak- 
ing, and were willing to sign the same, but failed to do so because 
they did not know that such action was necessary. 
C. & N. W. Ry. Co. V. The People, 183 111. 247. 

This certificate being the basis for the imposition of the taxes, the 
power to make it can only be exercised at a meeting of the board, and 
while the court may permit an ineffectual attempt to make such a cer- 
tificate at a meeting of the board to be amended, it cannot dispense 
with a levy of the tax or vitalize a levy void ab initio. The certificate' 
is jurisdictional, and could not be made valid by an amendment. The 
permission to the other directors to sign could not avoid the material 
defect. 

C. & N. W. Ry. Co. V. The People, 184 111. 240. 

One director has no power to make a certificate of school tax levy 
after the meeting of the board at which the tax was voted, but at 
which no certificate was made or authorized, even though the other 
directors gave him permission to sign their names to such certificate, 
and the clerk cannot make a certificate after the meeting at which the 



180 GENERAL SCHOOL LAW. 

tax was discussed but not voted for. In either case, the certificate is 
Toid. 

C. & N. W. Ry. Co. V. The People, 184 111. 240. 

§ 3. It shall be the duty of the township treasurer to return 
the certificate mentioned in the foregoing section to the county- 
clerk, on or before the second Monday of August, and whenever 
the boundaries of the districts of the townships shall have been 
changed, the township treasurer shall return to the county clerk, 
with the certificates, a map of the township, showing such changes, 
and certified as required by the provisions of this act. 

The certificate which school directors are required to make is the 
only basis for imposing special taxes for school purposes. In a cer- 
tain sense, these certificates are jurisdictional, and any tax extended 
for school purposes without such certificate having been returned by 
the directors is without legal authority and void. 
The People v. Smith, 149 111. 549. 

The certificate is the basis of all school taxes. It constitutes the 
levy and the evidence of it, and any tax not based upon a legal cer- 
tificate is null and void. 

St. L., R. I. & C. R. R. Co. V. The People, 177 111. 80. 
The certificate of levy was filed with the county clerk on August 
8th. That act completed the levy, and the levy must be deemed to be 
made as of that date. 

B. & O. S. W. Ry. Co. v. The People, 195 111. 427. 

§ 4, When a district lies partly in two or more counties, the di- 
rectors thereof shall ascertain as nearly as practicable the amount 
to be raised by special tax for school purposes, and shall prepare 
one certificate thereof for each county in which such district may 
lie, and deliver all of the said certificates to the township treasurer, 
who receives the tax money of such district, who shall return one 
each of such certificates to the county clerk of each county within 
which such district shall lie. On the first Monday of October, or 
as soon thereafter as may be practicable, annually, the county clerk 
of each of such counties shall ascertain the total equalized valua- 
tion of all the taxable property in that part of such district as shall 
lie in his county, and certify the amount thereof to the county 
clerk of each of the other counties in which such district may lie ; 
and from the aggregate of such equalized valuation and from the 
certificate of the amount so required to be levied, such clerk shall 
ascertain the rate per cent required to produce in such district the 
amount of such levy, and at that rate shall extend the special tax 



KEVENUE — TAXATION. 181 

to be levied for school purposes in that part of such district lying 
in their respective counties. [As amended by an act approved 
June 17, 1891.] 

§ 5. According to the amount certified, as aforesaid, the county 
clerk, when making out the tax books for the collector, shall com- 
pute each taxable person's tax, in said district, upon the total 
amount of taxable property, as equalized by the State Board of 
Equalization for that year, lying and being in said district, 
whether belonging to residents or non-residents, and also each 
and every tract of land assessed by the assessor, which lies, or the 
largest part of which lies, in said district. The said county clerk 
shall cause each person's tax, so computed, to be set upon the tax 
book to be delivered to the collector for that year, in a separate 
column, against each taxpayer's name or parcel of taxable prop- 
erty, as it appears in said collector's books, to be collected in the 
same manner and at the same time and by the same persons as 
State and county taxes are collected. 

§ 6. It shall be the duty of assessors, when making assess- 
ments of personal property, to designate the number of the school 
district in which each person so assessed resides ; which designa- 
tion shall be made by writing the number of such district opposite 
each person's assessment of personal property, in a column pro- 
vided for that purpose, in the assessment roll returned by the as- 
sessor to the county clerk. 

§ 7. It shall be the duty of the county clerk to copy said num- 
bers of school districts, so returned by the assessor, into the col- 
lector's book and to extend the school tax on each person's assess- 
ment of personal property, according to the rate required by the 
amount designated by the directors of the school district in which 
such person resides. The computations of each person's tax and 
the levy made by the clerk, as aforesaid, shall be final and con- 
clusive: Provided, the rate shall be uniform and shall not exceed 
that required by the amount certified by the board of directors. 

The county clerk is not necessarily controlled by the directors' cer- 
tificate as to the amount of the school tax to be extended by him. 
C. & A. R. R. Co. V. The People, 155 111. 282. 

The question then arises, could the county clerk in any succeeding 
year go back and extend a school tax on the valuation for the previ- 
ous years, and bring it forward and attach it to the taxes of the current 
year, as back taxes due on the property? It is plain that could not be 
done, for the simple reason no statute has authorized him to do so. 



182 GENERAL SCHOOL LAW. 

The tax certificate which the school directors are permitted to make 
is the basis of all school taxes. 

Weber v. O. & M. Ry. Co., 108 111. 451. 

§ 8. The county clerk before delivering the tax book to the col- 
lector, shall make out and send by mail, to each township treas- 
urer in the county, a certificate of the amount due each district or 
fraction of a district in his township, of said tax so levied and 
placed upon the tax books. 

§ 9. On or before the first day of April next, after the delivery 
of the tax books containing the computation and levy of the said 
taxes, or so soon thereafter as the township treasurer shall present 
the said certificate of the amount of the said tax^ and make a de- 
mand therefor, the said collector shall pay to said township treas- 
urer the full amount of said tax so certified by the county clerk, 
or in case any part thereof remains uncollected, said collector 
shall, in addition to the amount collected, deliver to said town- 
ship treasurer a statement of the uncollected taxes for each dis- 
trict of such township, taking of the township treasurer his re- 
ceipt therefor, which receipt shall be evidence as well in favor of 
the collector as against the township treasurer. The said treasurer 
shall enter the amount collected in his books under the proper 
heads and pay the same out as provided for by this act. 

There is no Impropriety within the meaning of the statute in calling 
legitimate commissions for collecting school taxes money raised for 
school purposes. The money, therefore, which a collector is directed 
to pay to the township treasurer is money which belongs to the treas- 
ury for the several districts and not the commissions of the collectors. 
People V. Wiltshire, 92 111. 262. 

If the collector does not pay the money to the school officers entitled 
to receive it, he is still liable to them. 

School Directors v. School Trustees, 61 111. App. 89. 

§ 10. When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collectors 
of said townships, and the collector or collectors of the county or 
counties in which said townships lie, in writing, under their hands 
as directors, which of the treasurers of the townships, from which 
their district is formed, shall demand and receive the tax money 
collected by the said collectors as aforesaid. 

§ II. If any collector shall fail to pay the amount of said tax, 
or any part thereof, as required by the provisions of section nine 



EEVENUE — TAXATION. 183 

(9) of this article, of this act, it shall be competent for the town- 
ship treasurer, or other authorized person, to proceed against said 
collector and his securities in an action of debt upon his official 
bond in any court of competent jurisdiction. And the said col- 
lector so in default shall pay twelve per centum upon the amount 
due, to be assessed as damages, which shall be included in the 
judgment rendered against him : Provided, no collector shall be 
liable for such part of said tax as he shall be able to make appear 
he could not have collected by law, until he has collected or may 
be able to so collect such amount. 

The action of the collector in paying to a wrong treasurer amounts 
to no payment so far as the proper claimant is concerned. He is lia- 
ble still to the proper claimant, and to him only should that claimant 
look. School directors cannot maintain an action against township 
trustees of another township for moneys which the district claims 
have been wrongfully paid to said trustees. There is no privity be- 
tween the district directors and the township trustees. 

School Directors v. Township Trustees, 61 111. App. 91. 

§ 12, It is hereby made the duty of the proper officers in pre- 
paring blank books and notices for the use of assessors to pro- 
vide columns and blanks for the use of assessors, so that they may 
designate the number of the school district, as provided for in 
section six (6) of this article of this act. 

§ 13. A failure by the directors to file their certificates, or of 
the township treasurer to return the same to the county clerk in 
the time required by this act, shall not vitiate the assessment, but 
the same shall be as legal and valid as if completed in the time 
required by law. 



184 



GENERAL SCHOOL LAW. 



Article IX. 



BONDS. 



§1. 



Vote necessary to borrow 
money; limit of tlie sum 
borrowed. 

Registry of bonds. 

Money paid into school treas- 
ury of township; cancella- 
tion of bonds. 



§ 4. Election for borrowing 
money; form of notice. 

5. Judges. 

6. Poll book returned; penalty 

for failure to return poll 
book. 

7. Refunding school district 

bonds. 



Section i. For the purpose of building school houses or pur- 
chasing school sites, or for repairing and improving the same, the 
directors of any school district, when authorized by a majority of 
all the votes cast at an election called for that purpose, may bor- 
row money, issuing bonds signed by not less than two members 
of said board of directors, in sums of not less than $ioo, and bear- 
ing interest at a rate not exceeding seven per centum per annum : 
Provided, that the sum borrowed in any one year shall not exceed 
five per cent (including existing indebtedness) of the taxable 
property of the district to be ascertained by the last assessment 
for State and county taxes previous to the incurring of such in- 
debtedness. [As amended by an act approved April 24, 1899.] 

School corporations being created for governmental purposes, the 
borrowing of money, the purchase of property on time, and the giving 
of commercial paper, are not inherent, or even powers usually con- 
ferred, and unless endowed with such powers in their charter, they 
have no authority to make and place on the market such paper, and 
persons dealing in it must see that the power exists. A bond issued 
by the board of education of a school district, not for the purpose of 
using its proceeds for the purchase of a school site or for erecting a 
school building, is void, having been issued without power, and this in 
the hands of a person taking without actual notice. 
Hewitt v. Normal School District, 94 111. 532. 

All bonds are void which are given by the board of education of a 
school district for the purpose of obtaining money neither borrowed 
nor used for any purpose for which such board of education is author- 
ized by its charter to borrow money or issue bonds. 
Board of Education v. Blodgett, 155 111. 441. 

§ 2. All bonds authorized to be issued by virtue of the fore- 
going section before being so issued, negotiated and sold, shall be 



BONDS. 185 

registered, numbered and countersignd by the school treasurer of 
the township wherein the school house of such district is, or is to 
be located. Such register shall be made in a "bond register" book 
to be kept for that purpose ; and in this register shall first be en- 
tered the record of the election authorizing the directors to bor- 
row money, and then a description of the bonds issued by virtue 
of such authority as to number, date, to whom issued, amount, 
rate of interest and when due. 

§ 3. All moneys borrowed under the authority granted by this 
article of this act, shall be paid into the school treasury of the 
township wherein the bonds issued therefor are required to be 
registered; and, upon receiving such moneys, the treasurer shall 
deliver the bond or bonds issued therefor to the parties entitled to 
receive the same ; and shall credit the funds received to the district 
issuing the bonds. The treasurer of said township shall enter in 
the said "bond register" the exact amount received for each and 
every bond issued. And when any such bonds are paid, the said 
township treasurer shall cancel the same and shall enter in the 
said "bond register," against the record of such bonds, the words 

"paid and canceled the day of , A. D. ," filling the 

blanks with the day, month and year corresponding with the date 
of such payment. 

§ 4. Whenever it is desired to hold an election for the purpose 
of borrowing money, as provided for in this article of this act, the 
directors of the district in which such election is to be held, shall 
give at least ten days' notice of the holding of such election, by 
posting notices in at least three of the most public places in such 
district. Such notices shall specify the place where such election 
is to be held, the time of opening and closing the polls, and the 
question or proposition to be voted upon, which notice may be 
substantially in the following form, viz. : 

NOTICE OF ELECTION. 

Public notice is hereby given that on the day of , A. D. 

an election will be held at school district No. 



in township No. , range No. , of the principal meridian 

in county, Illinois, for the purpose of voting "For" or 

"Against" the proposition to issue the bonds of said school dis- 
trict No. , to the amount of dollars due (here insert the 

times of payment, giving the amount falling due in each year, if 
the bonds mature at different dates), which bonds are to bear 



186 GENERAL SCHOOL LAW. 

interest at the rate of per cent per annum, payable an- 
nually. 

The polls of said election will be opened at o'clock — M., 

and will remain open until o'clock — M. 

Dated this day of , A. D. . 

A. B., 
C. D., 
E. R, 
Directors. 

The school law does not require that any particular site should be 
named in the notice, or that it should state the amount to be borrowed, 
or that but a single question should be submitted at any one election. 
A notice of such election "for the purpose of voting for a school-house 
site for a school house for district," describing the district, and "also 
for the purpose of voting for or against issuing bonds to erect or pur- 
chase a school house for said district," has been held good as against 
the objection of indefiniteness and uncertainty regarding the site to 
be voted for, the amount of bonds to be issued, or as embracing two 
questions instead of one only. 

People V. Sisson, 98 111. 335. 
The notice required by the foregoing section is reasonably sufficient 
if it informs the voter regarding the purposes of the election and the 
matters to be voted upon; and effect will be given to the voter's in- 
tention if it can be fairly ascertained from his ballot. 

Shires v. Erwin, 87 111. App. 111. 

§ 5. At such election two of the directors of such district shall 
act as judges and one of said directors shall act as clerk. In case 
either or any of said directors shall fail, from any cause, to be pres- 
ent or to act at such election, at the time of opening the polls 
thereof, the legal voters assembled -shall choose, from their num- 
ber, persons to act as such two judges, and a clerk of said election. 
The said judges and the said clerk shall take and subscribe the 
oath required of judges and clerks of an election held for State or 
county officers, and such oath may be administered in the same 
manner as is or may be provided by law for administering the oath 
to judges and clerks at a State or county election. At such election 
all votes shall be by ballot. In districts which have adopted the 
provisions of "An act regulating the holding of elections, and 
declaring the result thereof in cities, villages and incorporated 
towns in this State" approved June 19, 1885, the said election 
shall be held under the provisions of said act. 

§ 6. Within ten days after every such election, the judges shall 
cause the poll-book to be returned to the township treasurer, who 
is required to register such bonds, with a certificate thereon show- 
ing the result of such election, which poll-book shall be filed and 



BONDS. 18T 

safely kept by the said township treasurer, and shall be evidence 
of such election. For a failure to return such poll-book to such 
treasurer within the time prescribed, the judges of said election 
shall severally be liable to a penalty of not less than twenty-five 
($25) dollars nor more than one hundred ($100) dollars, to be re- 
covered in a suit in the name of the People of the State of IlHnois, 
before any justice of the peace, and, when collected, shall be added 
to the township school fund of the township in which said treas- 
urer resides. 

An election will not be rendered invalid by reason of mere neglect 
or failure of the officers of the election to make a complete and proper 
return, showing all tbe questions involved in the election which were 
fairly submitted to the voters. 

Shires v. Erwin, 87 111. App. 116. 

§ 7. In all cases where any school district has heretofore issued 
or may hereafter issue bonds, or other evidences of indebtedness, 
for money on account of any public school building or other pub- 
lic improvement, or for any other purposes which are now bind- 
ing and subsisting legal obligations against said school district, 
and remaining outstanding, and which are properly authorized 
by law, the proper authorities of such school district may, upon 
the surrender of any such bonds or other evidences of indebted- 
ness, or any number thereof, issue in place or in lieu thereof, or to 
take up the same, to the holders or owners of the same, or to other 
persons for money with which to take up the same, new bonds or 
other evidences of indebtedness, in such form, for such amount, 
upon such time, not exceeding the term of twenty years, and 
drawing such rate of interest not exceeding seven per centum per 
annum, as may be determined upon ; and such new bonds or other 
evidences of indebtedness so issued shall show, on their face, that 
they are issued under this act: Provided, that the issue of such 
new bonds in lieu of such indebtedness shall first be authorized by 
a vote of the legal voters of such school district voting at an elec- 
tion called and conducted as other elections provided for by this 
article of this act : And, provided further, that such bonds or 
other evidences of indebtedness shall not be issued so as to in- 
crease the aggregate indebtedness of such school district beyond 
five per centum on the value of the taxable property therein, to 
be ascertained by the last assessment for State and county taxes 
prior to the issuing of such bonds or other evidences of indebted- 
ness. [As amended by an act approved April 24, 1899.] 



188 



GENEEAL SCHOOL LAW. 



Article X. 



COUNTY CLERK. 



To compute tax; to copy the 
numbers of districts; to 
extend tax and to send cer- 
tificate of amount due each 
district, etc. 

To certify to bills of county 
superintendents, and to 
transmit them to State 
Auditor. 

To record land sales reported 
by county superintendent. 



§ 1. To furnish to county super- § 5. 
intendent a list of trustees 
elected. 

2. To file papers relating to 

changes in district bound- 
aries; penalty for failing 
to do so. 

3. To furnish certificate of 

equalized value of taxable 
property in case of district 
in two counties. 

4. To furnish certificate of 

equalized value of taxable 
property to any district. 

Section i. In all cases where, by any provision of laws, the 
returns of any election for school trustees are made to the county 
clerk of any county, it shall be the duty of the county clerk, within 
ten days after such returns have been made to him as aforesaid, 
to furnish to the county superintendent of schools a list of all 
such trustees so returned to him, and the township from which 
the same have been so returned. 

§ 2. Whenever any change shall be made in the boundaries of 
any school district, and a written statement or record of such 
change shall be delivered to the county clerk of such county, it 
shall be the duty of said county clerk to file such statement or 
record and all papers relating thereto and duly record the same 
in the records of his office ; and in case of a neglect or failure so 
to do the said county clerk shall be liable to a penalty of twenty- 
five (25) dollars, to be recovered by an action of debt before any 
justice of the peace, at the suit of the county superintendent, for 
the benefit of the school fund of the said county. 

§ 3. Whenever any school district lies partly in two or more 
counties, it shall be the duty of the county clerk of each county in 
which any part of such district lies to furnish, upon request, to 
the directors of such district a certificate showing the last ascer- 
tained equalized value of the taxable property in that part of such 
district lying in such county. 



COUNTY CLEKK. 189 

§ 4. It shall be the duty of the county clerk to furnish to the 
directors of any school district, or to the board of education in 
districts having a board of education, upon request, a certificate 
showing the last ascertained equalized value of the taxable prop- 
erty of such district, as the same appears of record in his office. 

§ 5. It shall be the duty of the county clerk, when making out 
the tax books for the collector, to compute each taxable person's 
tax in each school district, upon the total amount of taxable prop- 
erty, as equalized by the State Board of Equalization for that year, 
lying and being in such district, whether belonging to residents or 
non-residents, and also each and every tract of land assessed by 
the assessor which lies, or the largest part of which lies, in such 
district. Such computation shall be made so as to realize the 
amount of money required to be raised in such district, as shown 
and set forth in the certificate of tax levy, made out by the direct- 
ors of such district, and filed with the township treasurer, as re- 
quired by the provisions of this act. The said county clerk shall 
cause each person's tax, so computed, to be set upon the tax book 
to be delivered to the collector for that year, in a separate column 
against each tax-payer's name, or parcel of taxable property, as it 
appears in said collector's books, to be collected in the same man- 
ner, and at the same time, and by the same person, as State and 
county taxes are collected. In making up the tax books to be de- 
livered to the collectors of taxes, the county clerk shall copy into 
such tax books the number of the school district set opposite to 
each person's assessment of personal property, by the assessor 
making the assessment of such person, and to extend the school 
tax on each person's assessment of personal property, according 
to the rate required by the amount designated by the directors of 
the school district in which such person resides, as shown by said 
certificate of tax levy. The computation of each person's tax and 
the levy made by the clerk, as aforesaid, shall be final and con- 
clusive : Provided, that the rate shall be uniform, and shall not 
exceed that required by the amount certified by the board of di- 
rectors. The said county clerk, before delivering the tax book to 
the collector, shall make out and send by mail to each township 
treasurer of the county a certificate of the amount due each dis- 
trict or fraction of a district, in his township, of said tax so levied 
and placed upon the tax books, 

§ 6. Whenever the county board of any county shall have 
audited the itemized bills of the county superintendent of schools 



190 GENERAL SCHOOL LAW. 

or their assistants, as required by the provisions of this act, it 
shall be the duty of the county clerk of such county to certify to 
such act, and transmit the said bills to the Auditor of Public Ac- 
counts, who shall, upon receipt of them, remit, in payment there- 
of to each superintendent, his warrant upon the State Treas- 
urer for the amount certified to be due him ; and the Auditor, in 
making his warrant to any county for the amount due it from the 
State school fund, shall deduct from it the several amounts for 
which warrants have been issued to the county superintendent of 
said county since the next preceding apportionment of the State 
school fund. 

§ 7. The county clerk of each county shall preserve and record 
in a well-bound book to be kept for that purpose, the report of the 
county superintendent, made to the county board at the first reg- 
ular term of such board in each year, relating to the sale of school 
lands, the amount of money received, paid, loaned out and on 
hand, belonging to each township fund in his control, and the 
statement copied from the loan book of such county superintend- 
ent, showing all the facts in regard to loans, which are required 
to be stated on the loan book. 



COUNTY BOAKD. 191 

Article XI. 

COUNTY BOARD. 



§ 1. Powers of the county board 
defined. 
2. Duties of the county board 
defined. 



§ 3. Statement of land sales by 
the county board. 



Section i. The county board of each county of this State 
shall have power — 

First — To approve the bond of the county superintendent of 
schools. 

Second — To increase the penalty of the bond of the county su- 
perintendent of schools beyond twelve thousand (12,000) dollars, 
if, in the discretion of the said county board, such bond should be 
so increased. 

Third — To remove the county superintendent of schools from 
office for any palpable violation of law or omission of duty. 

Fourth — To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved as 
the first bond, whenever in the discretion of the county board such 
new bond is necessary: Provided, however, that the execution of 
such new bond shall not affect the old bond or the liability of the 
security thereof. 

Fifth — To require the county superintendent of schools to make 
the reports to such board provided for by law, and to remove him 
from office in case of neglect or refusal so to do. 

Sixth — In counties having not more than one hundred (100) 
schools, the board may limit the time of the superintendent of 
schools : Provided, that in the counties having not more than fifty 

(50) schools the limit of time shall not be less than one hundred 
and fifty (150) days a year; in counties having from fifty-one 

(51) to seventy-five (75) schools, not less than two hundred 
(200) days a year; and in counties having from seventy-six (yG) 
to one hundred (100) schools, not less than two hundred and 
fifty (250) days. 

Seventh — Said county board shall authorize the county super- 
intendent of schools to employ such assistants as he needs for the 



192 GENERAL SCHOOL LAW. 

full discharge of his duties, and said county board shall fix the 
compensation to be paid therefor, which compensation shall be 
paid out of the county treasury. 

§ 2. It shall be the duty of the county board of each county of 
this State — = 

Pirsf — To provide for the county superintendent of schools a 
suitable office with necessary furniture and office supplies, as is 
done in the case of other county officers. 

Second — When the office of county superintendent of schools 
shall become vacant by death, resignation, removal or otherwise, 
to fill the same by appointment. And the person so appointed 
shall hold his office until the next election of county officers, at 
which election the said board shall order the election of a suc- 
cessor. 

Third — To examine and approve or reject the report of the 
county superintendent of schools made to such board, and the 
notes and securities taken by such superintendent for school 
funds. 

Fourth — At the regular meeting in September, and as near 
quarterly thereafter as such board may have regular or special 
meetings, to audit the itemized bills of the county superintendent, 
and of his assistants, for their per diem compensation and ex- 
penses allowed by law for visiting schools. 

§ 3. At the first regular term of the county board, in each 
year, the county superintendent shall present to the county board 
of his county — 

First — A statement showing the sales of school lands made sub- 
sequent to the first regular term of the previous year, which shall 
be a true copy of the sale book (book B). 

Second — Statements of the amount of money received, paid, 
loaned out and in hand, belonging to each township or fund under 
his control, the statement of each fund to be separate. 

Third — Statements copied from his loan book (book C), show- 
ing all the facts in regard to loans which are required to be stated 
on the loan book. 

All of which the county board shall thereupon examine and 
compare with the vouchers, and the said county board, or so many 
of them as may be present at the meeting of the board, shall be 
liable individually to the fund injured and to the securities of the 
county superintendent, in case judgment be recovered of the said 



COUNTY BOARD. 193 

securities, for all damages occasioned by a neglect of the duties, or 
any of them, required of said board by this section: Provided, 
nothing herein contained shall be construed to exempt the securi- 
ties, of said county superintendent from any liability as such se- 
curities, but they shall still be liable to the fund injured the same 
as if the members of the county board were not liable to them for 
neglect of their dut}^ 

The direction that no county shall appropriate or pay any of the 
public funds to a school controlled by a church involves the ascertain- 
ment of a fact. It must be ascertained by the county board whether 
the school applying for the appropriation or payment is or is not con- 
trolled by a church. Under section 3 of article VIII of the constitution, 
county boards in this state are not empowered to appropriate funds 
in aid or support of sectarian schools or schools controlled by a church 
or religious denomination. 

Stevens et al. v. St. Mary's Training School et al., 144 111. 336. 

13 



194 



GENERAL SCHOOL LAW. 



Article XII. 



SCHOOL FUND. 



§1. 



To consist of a two-mill 
tax; interest of school 
fund proper and of sur- 
plus revenue. 

State to pay interest. 

Dividend to counties made 
by State Auditor. 

Warrants issued by the 
State Auditor, and re- 
ceived from the collectors 
by State Treasurer. 

County superintendent to 
proceed against collector 
on his refusal to pay. 



§ 6. Proceeds of the sale of six- 
teenth section, etc., con- 
stitute principal of town- 
ship fund, etc.; interest 
distributed. 

7. Moneys paid out upon or- 

ders. 

8. Form of orders; filing of 

orders. 

9. Union districts; receipts to 

be taken. 
10. Loans in districts under a 
special charter. 



Decisions under former Statutes: 

In an action upon a note given to the commissioner of school lands 
of a county, for money loaned of a school fund, in order to entitle the 
plaintiff to recover the twenty per centum penalty given by the statute 
of 1835, it must be claimed in the declaration. 
Hamilton v. Wright, 2 111. 582. 

The former statute, regulating the amount of interest which a bor- 
rower of the school fund shall be subject to pay as a penalty for not 
paying the principal and interest punctually when due, did not au- 
thorize a judgment for interest in futuro. 
Pearsons v. Hamilton, 2 111. 415. 

The twenty per cent, interest given by former statute against a 
borrower of a portion of the school fund, for a failure to pay the same 
promptly, is a penalty, and cannot be recovered in an action on the 
note, unless there is an averment of the forfeiture of the penalty in 
the declaration. 

Russell et al. v. Hamilton, 3 111. 56. 
An action may be maintained by W., in his individual name, on a 
note payable to "W., school commissioner and agent for the inhab- 
itants of the county, etc." 

McConnell v. Thomas, 3 111. 313. 
A suit may be maintained in the name of the successor of a school 
commissioner upon a note made to the latter under the act of Febru- 
ary 26, 1841, authorizing suits in the name of the school commissioner. 
Manlove v. McHatton, 5 111. 96. 

The legislature has power to direct in what manner the school funds 
shall be loaned, upon what security, at what rate of interest, and in 



SCHOOL FUND. 195 

Decisions under former Statutes (continued) : 
what currency they shall be received, and by whom they shall be ap- 
plied. 

Bush V. Shipman, 5 111. 190. 

Tender of the bills of the State Bank of Illinois in payment of a judg- 
ment rendered for a debt due the school fund of a township, made be- 
fore the issuing of the proclamation of the governor, auditor and treas- 
urer, forbidding their reception, is good. 
Keyes v. Jasper, 5 111. 305. 

The money in the hands of a school commissioner on his retirement 
from office is the property of the county, to be used for school pur- 
poses, and it is his duty to deliver it over specifically or in funds of 
equivalent value to his successor in office. It cannot be presumed from 
the fact that a school commissioner was authorized by law to receive 
the bills of the State Bank of Illinois in payment of debts due to the 
school fund that he did receive the balance in his hands in such funds. 
On the contrary, from the character of the business that the school 
commissioner is engaged in transacting (that business having refer- 
ence to the receipt and disbursement, not of depreciated, but of cur- 
rent funds), the presumption is a legitimate one that current funds 
"-'ere received by such commissioner. 

Hamilton v. Cook County, 5 111. 524. 
Where the school commissioner had been removed from office, a 
debtor to the school fund paid him the amount of his indebtedness 
and received his obligation, although aware of such removal. In a 
suit against the debtor by the successor of that officer, the court held 
that the payment was miade in fraud of the rights of the successor. 
Jameson v. Conway, 10 111. 227. 
If a school commissioner, in loaning school money for a longer pe- 
riod than one year, on real estate security, takes the security on real 
estate to which the mortgagor has no title, and the commissioner, by 
using due caution, could have ascertained this fact from the public rec- 
ords or any other accessible source of information, he has violated 
the law, and is at once liable on his bond. 
People V. Haines, 10 111. 528. 
The true construction to be given to the act of 1849, upon the sub- 
ject of the school fund, is that said act embraces two classes of cases, 
one where the interest is due and unpaid, the other where principal is 
due and payable. In the former case, the amount of unpaid interest 
bears interest at the rate of twelve per cent, per annum, and may be 
sued for and recovered in a separate action. In th« latter case, the 
principal bears interest at the rate of twelve per cent, per annum from 
the time it falls due. 

Trustees of Schools v. Bibb, 14 111. 371. 
The penalty of twenty per cent, imposed by former school laws for 
omitting prompt payment of school money loaned, is only imposed 
upon the borrower, and must be enforced by a special count, and is 
not a part of the contract contained in the bond or mortgage given to 
secnre the money loaned. 

Bradley v. Snyder, 14 111. 263. 



196 GENERAL SCHOOL LAW. 

Decisions under former Statutes (continued) : 

Under tlie school law of 1845, in order to recover the extra interest 
allowed in case of default in the payment of school money borrowed, 
there should be an especial averment in the declaration claiming the 
penalty. 

Sexton V. School Commissioners, 19 111. 51 

The forty-first section of the school law of 1849 is mandatory, and 
designed to compel the distribution of the school fund among the 
teachers on the first Saturday in the months of April and October. 
Thomas v. Trustees of Schools, 16 111. 163. 

Section i. The common school fund of this State shall con- 
sist of the proceeds of a two-mill tax to be levied upon each dol- 
lar's valuation of the property in the State, annually, until other- 
wise provided by law ; the interest on what is known as the school 
fund proper, being three per cent upon the proceeds of the sales 
of the public lands in the State, one-sixth part excepted, and the 
interest on what is known as the surplus revenue, distributed by 
act of congress and made a part of the common school fund by 
act of the Legislature, March 4, 1837. 

§ 2. The State shall pay the interest mentioned in the preced- 
ing section at the rate of six per cent per annum, annually, to be 
paid into, and become a part of, said school fund. 

§ 3. On the first Monday in January in each and every year 
next after taking the census of the State, by federal or State au- 
thority, the Auditor of Public Accounts shall ascertain the num- 
ber of children in each county in the State, under twenty-one years 
of age, and shall thereupon make a dividend to each county of the 
sum from the tax levied and collected under the provisions of the 
first section of this article of this act, and of the interest due on the 
school fund proper and surplus revenue, in proportion to the num- 
ber of children in each county under the age aforesaid, and issue 
his warrant to the superintendent of schools of each county upon 
the collector thereof. Upon presentation of said warrant by the 
county superintendent to the collector of his county, said collector 
or the treasurer shall pay over to the county superintendent the 
amount of said warrant out of the first funds which may be col- 
lected by him and not otherwise appropriated by law, taking said 
superintendent's receipt therefor. 

§ 4. The said warrants issued by the Auditor of Public Ac- 
counts for the school fund tax, and for the interest of the school 
fund proper and surplus revenue, shall be received by the State 
Treasurer in payments of amounts due to the State from county 



SCHOOL FUND. 197 

collectors ; and on presentation by the State Treasurer of said war- 
rants to said Auditor, he shall issue his warrant to said treasurer 
on the school fund, for the amount of the school fund tax war- 
rants, and on the revenue fund for the amount of the warants for 
interest on the school fund proper and surplus revenue. Divi- 
dends shall be made as aforesaid, according to the proportions as- 
certained to be due to each county annually, thereafter, until an- 
other census shall have been taken, and then dividends shall be 
made and continued as aforesaid, according to the last census. 

§ 5. If any collector shall fail or refuse to pay the amount of 
the aforesaid Auditor's warrant, or any part thereof, by the first 
day of March, annually, or as soon thereafter as it may be pre- 
sented, it shall be competent for the county superintendent to 
proceed against said collector and his securities in an action of 
debt, in any court having competent jurisdiction, and the said col- 
lector shall pay interest at the rate of twelve per centum per 
annum, to be assessed as damages upon the amount due, and 
which interest shall be included in the judgment obtained against 
him: Provided, that if it satisfactorily appears to the court that 
on said first day of March, or on the day of presentation for pay- 
ment thereafter, that said collector had not, as yet, collected funds 
sufficient to pay said warrant, said interest shall not be allowed 
upon said warrant. 

§ 6. All bonds, notes, mortgages, moneys and effects which 
have heretofore accrued or may hereafter accrue from the sale of 
the sixteenth section of the common school lands of any township 
or county, or from the sale of any real estate or other property 
taken on any judgment or for any debt due to the principal of any 
township or county fund, and all other funds of every description 
which have been or may hereafter be carried to and made part of 
the principal of any township or county fund, by any law which 
has heretofore been, is now or may hereafter be enacted, are 
hereby declared to be and shall forever constitute the principal of 
the township or county fund, respectively; and no part thereof 
shall ever be distributed or expended for any purpose whatever, 
but the same shall be loaned out and held to use, rent or profit, 
as provided by law. But the interest, rents, issues and profits, 
arising and accruing from the principal of said township or 
county fund, shall be distributed in the manner and at the times 
as provided by this act ; nor shall any part of such interests, rents. 



198 GENBEAL SCHOOL LAW. 

issues and profits be carried to the principal of the respective 
funds, except it appear on the first Monday in October in any 
year, that there is rent, interest or other funds on hand which are 
not required for distribution, such amount not required, as afore- 
said, may, if the board of trustees see proper, forever be consid- 
ered as principal in the funds to which it belongs, and loaned as 

such. 

In case of a foreclosure of a mortgage taken by the township trus- 
tees for school moneys loaned, said trustees have a right to buy in the 
premises at the foreclosure sale. 

Trustees of Schools v. Arnold, 58 111. App. 103. 

The provision of the school law, to the effect that where the trus- 
tees require additional security for money loaned, which is not given, 
the treasurer shall bring suit to recover the principal and interest due 
on the mortgage, enters into and forms part of their contract for the 
loan of school funds under the school law, and in case such additional 
security is demanded and not given, the entire debt matures, and if 
secured by mortgage, the same may be foreclosed by proceedings in 
chancery. 

Board of Trustees v. Davison, 65 111. 124. 

The legislature has power to unite or divide townships and their 
school funds, at its discretion. 

Greenleaf v. Trustees, 22 111. 236. 

§ 7. School funds collected from special taxes, levied by order 
of school directors, or from the sale of property belonging to any 
district, shall be paid out only on the order of the proper board of 
directors ; and all other moneys or school funds liable to distribu- 
tion, paid into the township treasury, or coming into the hands of 
the township treasurer, shall, after said funds have been appor- 
tioned by the township trustees, as required in section 26 of ar- 
ticle III of this act, to be paid out only on the order of the proper 
board of directors, signed by the president and clerk of said 
board, or by a majority of said board. For all payments made, 
receipts shall be taken and filed by said board of directors. 

§ 8. In all such orders shall be stated the purpose for which or 
on what account drawn. Said orders may be in the following 
form, viz. : 

The treasurer of township No. , range No. , in 



county, will pay to or order dollars and cents 

(on his contract for repairing school house, or whatever the case 
may be). 

By order of the board of directors of school district No. , 

in said township. 

A. B., President. 

C. D., Clerk. 



SCHOOL FUND. 199 

Which order, together with the receipt of the person to whom 
paid, shall be filed in the office of the township treasurer: Pro- 
vided, that when an order is paid in full, such order, if properly- 
endorsed by the person in whose favor it was drawn, and his as- 
signs, if any, shall be a sufficient receipt for the purposes of this 
section, 

§ 9. When a district is composed of parts of two or more 
townships, the township treasurer or treasurers who do not re- 
ceive the tax money of said district, shall, when they hold any 
funds belonging to said district, notify the directors thereof of the 
amount of such funds, and the directors shall thereupon give the 
treasurer who receives the tax money of said district an order for 
such funds, and upon receipt thereof he shall hold them, to be 
paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person 
or persons in an official capacity, by virtue of any special charter 
defining the manner of loaning the same, such moneys may be 
loaned upon the same terms and conditions as are provided by 
this act, or may hereafter be provided, by the school laws of this 
State, for loaning the schools funds of counties or townships. 



200 



GENERAL SCHOOL LAW. 



Article XIII. 



SCHOOL LANDS. 



§ 1. Section sixteen. 
2. Business relating to school 
lands; where transacted. 

3. Renting and sale of school 

lands. 

4. Right of way and depot 

grounds for use of rail- 
roads. 

5. Trespass on school land; 

penalty. 

6. Trespasser liable to indict- 

ment. 

7. Penalties and fines to be 

paid to township treas- 
urer. 

8. Petition for sale. 

9. Fractional township. 

10. Divided into lots by trus- 

tees. 

11. Making of a plat. 

12. Size of lots, roads and 

streets. 

13. Valuation of plats and cer- 

tificate given to county 
superintendent. 



§14. 

15. 
16. 

17. 
18. 

19. 

20. 



21. 

22. 

23. 

24. 

25. 
26. 



27. 



Advertising the sale; form 
of notice. 

Place of sale. 

Terms of sale; amount of 
bid borrowed. 

Manner of sale. 

Payment; land resold; suit 
instituted. 

Unsold land afterwards 
subject to sale. 

Re-valuation of unsold 
land; no petition re- 
quired. 

Certificate of purchase. 

Statement of sales by 
county superintendent. 

Transcript sent to Auditor. 

Patents; certificates of sale; 
evidence of sale. 

Duplicates of certificates of 
purchase. 

Real estate taken for debt, 
sold by county superin- 
tendent. 

Trustees may dedicate lands 
for streets. 



Section i. Section number sixteen (i6) in every township 
granted to the State by the United States for the use of schools, 
and such sections and parts of sections as have been or may be 
granted, as aforesaid, in Heu of all or part of section number six- 
teen ( i6) , and also the lands which have been or may be selected 
and granted as aforesaid, for the use of schools, to the inhabitants 
of fractional townships in which there is no section number six- 
teen (i6), or where such section shall not contain the proper pro- 
portion for the use of schools in such fractional townships, shall 
be held as common school lands ; and the provisions of this act 
referring to common school lands shall be deemed to apply to the 
lands aforesaid. 



SCHOOL LANDS. ' 201 

A school commissioner who is authorized to sell school lands upon 
a credit under the provisions of the act of 1833 may contract with the 
purchaser for the payment of interest. The inhabitants of his town- 
ship may determine whether the school lands shall be sold on a credit, 
but the terms of that credit are left to the discretion of the commis- 
sioner. 

Kidder v. Trustees of Schools, 10 111. 191. 

If a school commissioner has sold school lands, the law requiring him 
to take a mortgage as security for the purchase money, which he omits 
to do, the lien upon the land is not lost, and may be enforced against 
subsequent purchasers with notice, if proceedings for that purpose are 
instituted within a reasonable time. 

Trustees of Schools v. Wright, 12 111. 432. 

Under the enabling act of congress of April 18, 1818, section sixteen 
of every township was "granted to the State for the use of the in- 
habitants of such township for the use of schools," which provision was 
formally accepted by the ordinance of the Constitutional Convention 
of August 26, 1818, the enabling act and the ordinance, constituting 
a solemn compact between the United States and this State, whereby 
the State of Illinois became the purchaser of the school section for a 
valuable consideration, with full power to sell or lease the same for 
the use of schools, as the State might provide and think most bene- 
ficial to the inhabitants of the respective townships. These sections 
are not public lands within the act of congress of March 30, 1822, au- 
thorizing the State "to survey and mark through the public lands of 
the United States the route of the canal connecting the Illinois river 
with the southern bend of Lake Michigan." 

Trustees of Schools v. Schroll et al., 120 111. 517. 

The true construction to be given to the compact between the United 
States and this State, in relation to the sixteenth or school sections of 
land, is that they are to be leased or sold as the State legislature, the 
sole manager of them, shall think most beneficial to the people. 
Bradley v. Case, 4 111. 585. 

No act of the General Assembly has ever granted the title to the 
school property and fund irrevocably to any body of persons. They have 
created corporate bodies to handle and control the funds for the use 
of the people, but that body has not parted with the power to control 
the fund in any mode they may choose for the use of schools. The con- 
stitution prohibits the State from appropriating any portion of the 
school fund to defray the expenses of State, county or municipal bodies 
other than those created for public school purposes, and therefore it 
cannot accomplish the same end by indirect means of taxation. 
City of Chicago v. The People, 80 111. 386. 

School property, or school lands held in trust for school purposes, 
are exempt from special assessment as well as from general taxation. 
The property should be held sacred for the use to which it has been 
appropriated. It may be sold or it may be rented for school purposes, 
but no authority or right is conferred upon any one to improve it. 



202 GENERAL SCHOOL LAW. 

It should not be exposed to tlie danger of being improved away by 
being made to pay for supposed benefits conferred upon it by im- 
provements. 

People V. Trustees of Schools, 118 111. 55. 

§ 2. All the business of such townships, so far as relates to 
common school lands, shall be transacted in that county which 
contains all or a greater portion of said lands. 

§ 3. It shall be lawful for the trustees of schools in townships 
in which section number sixteen (16), or any other lands granted 
in lieu thereof, remain unsold or which has title to any other 
school lands whatsoever, to rent or lease the same for an annual 
rent to be paid in money to the treasurer, by a written contract 
made by the president and clerk, under the direction of the board, 
with the lessee or lessees, which contract shall be filed with the 
records of the board, and a copy of the same transmitted to the 
county superintendent. In case of any default in the payment of 
the rent, the said board of trustees shall at once proceed to collect 
the same by distress, or otherwise, as may be provided by law for 
the collection of rents by landlords. No lease taken under the 
provisions of this act, shall be for a longer period than five years, 
except where such lands are leased for the purpose of having per- 
manent improvements made thereon, as may be the case in cities 
and villages : Provided, that the provisions of this section shall 
not apply to cities having a population of over one hundred thou- 
sand (100,000) inhabitants. 

By an act of the General Assembly passed in 1869, the western limits 
of Chicago were extended west so as to take in about two ranges of 
sections in the adjoining township, leaving the greater portion of the 
township undisturbed and containing section 16. The court held that 
the division of the township in the manner indicated, leaving the 
sixteenth section in the western division and comprising by far the 
greater part of the township, ipso facto granted to that portion of 
the township said section 16 and the rents, issues and profits thereof, 
to be administered by the trustees of schools of that township for their 
own use and purposes. 

People ex rel. Richberg v. Trustees, 86 111. 613. 

§ 4. The trustees of schools of any township concerned, are 
hereby authorized and empowered in their corporate capacity, to 
sell and convey to any railroad company which may construct a 
railroad across any of the public school lands of such township, 
the right of way and necessary depot grounds. All moneys re- 



SCHOOL LANDS. 203 

ceived by such trustees for any right of way or depot grounds so 
sold, shall be turned over by such trustees to the township treas- 
urer of the township for the benefit of the township school fund. 

§ 5. If any person shall, without being duly authorized, cut, 
fell, box, bore, destroy or carry away any tree, sapling or log 
standing or being upon any school lands, such person shall forfeit 
and pay, for every tree, sapling or log so felled, boxed, bored, de- 
stroyed or carried away, the sum of eight (8) dollars, which pen- 
alty shall be recovered with costs of suit, by an action of debt or 
assumpsit, before any justice of the peace having jurisdiction of 
the amount claimed, or in the county or circuit court, either in the 
corporate name of the board of trustees of the township to which 
the land belongs, or by qui tarn action in the name of any person 
who will first sue for the same, one-half of the judgment for the 
use of the person suing and the other half for the use of the town- 
ship aforesaid. When two or more persons shall be concerned in 
the same trespass, they shall be jointly and severally liable for the 
penalty herein imposed. 

§ 6. Every trespasser upon common school lands shall be liable 
to indictment, and upon conviction, shall be fined in three times 
the amount of the injury occasioned by said trespass, and shall 
stand committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of the 
foregoing sections shall be paid to the township treasurer, and be 
added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional town- 
ship shall desire the sale of the common school lands of a town- 
ship or fractional township, they shall present a petition to the 
county superintendent of the county in which the school lands of 
the township, or the greater part thereof, lie, for the sale thereof ; 
which petition shall be signed by at least two-thirds of the legal 
voters of the township, or fractional township. The signing of 
the petition must be done in the presence of two adult citizens 
of the township, after the true meaning and purpose thereof 
has been explained ; and when signed an affidavit must be affixed 
thereto by the two citizens witnessing the signing, in the manner 
aforesaid, which affidavit shall state the number of inhabitants 
in the township, or fractional township, of, and over, twenty-one 
years of age ; and said petition, so proved, shall be delivered to the 
county superintendent for his action thereon: Provided, that in 



204 GENERAL SCHOOL LAW 

townships having a population of more than ten thousand inhabit- 
ants, such petition shall be signed by at least one-tenth of the legal 
voters of the township, or fractional township, and not two-thirds 
thereof, and that such petition shall be delivered to the county su- 
perintendent at least fifteen days preceding the regular election 
of trustees, or the date of a special election which may be called 
for such purpose ; and thereupon it shall be the duty of said county 
superintendent to notify the voters of such township that an elec- 
tion for or against the proposition to sell common school lands of 
the township, or a portion thereof, will be held at the next regular 
election of trustees, or at a special election called for that purpose, 
by posting notices of such election in at least ten of the most public 
places throughout such township, for at least ten days before the 
date of such regular or special election, which notice may be in the 
following form, to-wit : 

Election for sale of common school lands. Notice is hereby 

given that on , the day of , A. D. , an election 

will be held at for the purpose of voting "For" or "Against" 

the proposition to sell common school lands of the township, to- 
wit: (Here insert description of said lands.) The polls of said 

election will be open at and close at o'clock of said day. 

A. B., County Superintendent. 

The ballots of such election shall be received and canvassed as 
in other elections provided for in this act, and returns of the re- 
sult thereof made to the county superintendent, and if it shall 
appear that two-thirds of the vote upon such proposition shall have 
been cast in favor of the sale of said lands, then the said county 
superintendent shall act thereon : And, provided, no whole section 
shall be sold in any township containing less than two hundred in- 
habitants ; and common school lands in fractional townships may 
be sold when the number of inhabitants and the number of acres 
are in a ratio of two hundred to six hundred and forty, but not 
before. [As amended by act approved May lo, 1901.] 

The legislature has full power to authorize a sale of the sixteenth 
or school section of land in the State of Illinois, and if the consent of 
the Inhabitants of a township was necessary, the provision in the act 
of 1831, that the sale should be on the petition of three-fourths of the 
adult white male inhabitants, was a suflBcient provision for such sale. 
Bradley v. Case, 4 111. 585. 

The commissioners of school lands, under the act of 1831, have au- 
thority to sell the sixteenth or school section in their respective coun- 



SCHOOL LANDS. 205 

ties, and they may sell tlie same in town lots or otlier small subdi- 
visions, and a note given in consideration of tlie sale of such, a town lot 
is founded on a good and valid consideration. 
Barger et al. v. Jones, 4 111. 613. 

§ 9. Any fractional township not having the requisite number 
of inhabitants to petition for the sale of the school lands therein, 
as provided in section 8 of this article of this act, which has not 
heretofore been united with any other township, for school pur- 
poses, and which does not contain a sufficient number of inhabit- 
ants to maintain a free school, is hereby attached to the adjacent 
congressional township having the longest territorial line border- 
ing on such fractional township, for school purposes ; and all the 
provisions of this act shall apply to such united townships, the 
same as though they were one and the same township. 

The act of 1835, relating to the sale of school lands of certain frac- 
tional townships, and providing that any person or persons living upon 
any of the lands in Green county, or having any improvements thereon, 
might enter the same at their appraised value, was not intended to ap- 
ply only to persons living or having improvements on the same at the 
time of the passage of the act, but applied to persons who lived on and 
had improved the same at the time of the proposition for sale. 
Gullett et al. v. Lippincott, 76 111. 327. 

§ 10. When the petition and affidavits are delivered to the 
county superintendent, as aforesaid, he shall notify the trustees of 
said township thereof, and said trustees shall immediately pro- 
ceed to divide the land into tracts or lots, of such form and quan- 
tity as will produce the largest amount of money. 

§ II. After making the division required by the foregoing sec- 
tion, said trustees shall cause a correct plat of the same to be made, 
representing all divisions, with each lot numbered and defined, so 
that its boundaries may be forever ascertained. 

§ 12. In subdividing said common school lands for sale, no lot 
shall contain more than 80 acres, and the division may be made 
into town or village lots, with roads, streets or alleys between them 
and through the same ; and all such divisions, with all similar di- 
visions hereafter made, are hereby declared legal, and all such 
roads, streets and alleys, public highways. 

§ 13. After such division into lots has been made and platted, 
the trustees of schools shall fix a value on each lot, having regard 
to the terms of sale, certify to the correctness of the plat, stating 
the value of each lot per acre, or per lot if less than one acre, and 



206 GENERAL SCHOOL LAW. 

referring to and describing the lot in the certificate, so as fully and 
clearly to distinguish and identify each lot; which plats and cer- 
tificate shall be delivered to the county superintendent, and shall 
govern him in advertising and selling such lands. 

The acts of two school trustees in dividing and appraising school 
lands to be offered for sale are valid. It is unnecessary for the third 
trustee to join with them or be notified of their proceedings. 
Trustees v. Allen et al., 21 111. 120. 

In case of public officers who constitute a corporation, all need not be 
present, if there is a quorum or majority for the transaction of business. 
Hinkle v. City of Mattoon. 170 111. 320. 

§ 14. Upon the reception by the county superintendent of the 
plat and certificate of valuation from the trustees, he shall proceed 
to advertise the said land for sale in lots, as divided and laid off by 
said trustees, by posting notices thereof in at least six (6) public 
places in the county, forty days before the day of sale, describing 
the land and stating the time, place and terms of sale ; and if any 
newspaper is published in said county, said advertisement shall be 
printed therein for four weeks before the day of sale ; if no news- 
paper is published in said county, then such land may be sold 

under the notice aforesaid, which notice may be in the following 
form, viz. : 

SALE OF SCHOOL LAND. 

Public notice is hereby given that on the day of , 

A. D. 18 — , between the hours of 10 o'clock a. m. and 6 o'clock 

p. m., the undersigned superintendent of schools of county, 

will sell at public vendue to the highest bidder, at the door of 

the court house in (or on the premises) the following de- 
scribed real estate, the same being a part of the school lands of 

township No. , range No. , as divided and platted by the 

trustees of schools of said township, to-wit: (Here insert full and 
complete description of said premises.) Said lands will be sold 
for cash in hand, with the privilege to any purchaser of borrowing 
from the undersigned, the whole or any part of the amount of his 
bid, for not less than one nor more than five years, upon his pay- 
ing interest and giving security, as required in case of a loan ob- 
tained from the township school fund. 

Dated this day of , A. D. . 



County Superintendent, 

County. 

§ 15. The place of selling common school lands shall be at the 
court house of the county in which the lands are situated ; or the 
trustees of schools may direct the sale to be made on the premises. 



SCHOOL LANDS. 207 

§ i6. The terms of selling common school lands shall be to the 
highest bidder for cash, with the privilege to each purchaser of 
borrowing from the county superintendent the amount or any part 
of the amount of his bid, for any period of not less than one year 
nor more than five years, upon his paying interest and giving se- 
curity, as in case of money loaned by a township treasurer as pro- 
vided in this act. 

§ 17. Upon the day appointed for such sale, the county super- 
intendent shall proceed to make sales as follows, viz. : He shall 
begin at the lowest numbered lot and proceed regularly to the 
highest numbered, till all are sold or offered. No lot shall be sold 
for less than its valuation by the trustees. Said sale shall be made 
between the hours of lo o'clock a. m. and 6 o'clock p. m., and may 
continue from day to day. The lots shall be cried separately, and 
each lot cried long enough to enable any person present to bid who 
desires to bid. 

§ 1 8. Upon closing the sales each day, the purchasers shall 
each pay, or secure the payment of the purchase money, accord- 
ing to the terms of sale'; or in case of his failure to do so by lo 
o'clock the succeeding day, the lot purchased shall again be of- 
fered at public sale, on the same terms as before, and if the valua- 
tion or more shall be bid, shall be stricken off; but if the valua- 
tion be not bid, the lot shall be set down as not sold. If the sale is 
or is not made, the former purchaser shall be required to pay the 
difference between his bid and the valuation of the lot, and in case 
of his failure to make such payment, the county superintendent 
may forthwith institute an action of debt or assumpsit in his name, 
as superintendent, for the use of the inhabitants of the township 
where the land lies, for the required sum ; and upon making proof, 
shall be entitled to judgment, with costs of suit; which, when col- 
lected, shall be added to the principal of the township fund. If 
the sum claimed does not exceed two hundred dollars, the suit may 
be commenced befoi'e a justice of the peace ; if the sum demanded 
exceeds two hundred dollars, then suit may be brought in the cir- 
cuit court of any county wherein the party may be found. 

Former statute, prescribing the form of notes to be taken on the sale 
of school lands, made them joint and several obligations, and it was 
held that equity would enforce the liability imposed by the statute and 
would treat the surety as a several obligor and as principal. 
Powell et al. v. Kettelle, 6 111. 491. 



208 GENERAL SCHOOL LAW. 

A plea of failure of consideration in notes given for the purchase of 
school lands, on the ground of a sale to others, should set out that no 
patent had issued to the defendant prior to the patent to others, and 
that the latter was not so issued to them to secure his title to them, as 
his assignees. 

Evans v. School Commissioner, 6 111. 654, 

The doctrine that a power to make representations is implied from 
the nature of a general agency does not apply to one whose duty is 
prescribed by law; a school commissioner, for instance, whose only 
duty is to advertise and sell the lands as directed^ after a proper sub- 
division and valuation of the land is made by the trustees of schools, 
and the map delivered to him, for the best price, by inducing as far 
as proper a fair competition among the purchasers at the sale. Mis- 
representations by such school commissioner in selling lands will not 
enable purchaser to avoid the sale. 

Cook V. School Commissioners, 6 111. 537. 

§ 19. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation ; and 
the county superintendents are authorized and required, when in 
their power, to sell all such lands at private sale, upon the terms at 
which they were offered at public sale. 

§ 20. In all cases where common school lands have been here- 
tofore valued, and have remained unsold for two years, after hav- 
ing been offered for sale, or shall hereafter remain unsold for that 
length of time, after being valued and offered for sale, in con- 
formity to this act, the trustees of schools where such lands are sit- 
uated may vacate the valuation thereof by an order to be entered 
in book A of the county superintendent, and cause a new valua- 
tion to be made, if, in their opinion, the interests of the township 
will be promoted thereby. They shall make said second valuation 
in the same manner as the first was made, and shall deliver to the 
county superintendent a plat of such second valuation, with the 
order of vacation, to be entered, as aforesaid; whereupon, said 
county superintendent shall proceed to sell said lands in all re- 
spects, as if no former valuation had been made : Provided, that 
the second valuation may be made by the trustees of schools, with- 
out petition, as provided in this act for the first valuation. 

§ 21. Upon the completion of every sale by the purchaser, the 
county superintendent shall enter the same in book B, and shall 
deliver to the purchaser a certificate of purchase, stating therein 
the name and residence of the purchaser, describing the land and 
the price paid therefor, which certificate shall be evidence of the 
facts therein stated. ' 



SCHOOL LANDS. 209 

The provisions of the act of 1847, requiring the school commissioner 
to keep four separate books, in which he was to record the details re- 
lating to the sale of lands, was directory to the commissioner, hut the 
title to the land he might sell, if legally and fairly sold, could hardly 
be made to depend upon his obeying these directions. 
Trustees of Schools v. Allen, 21 111. 121. 

Under former statute it was held that the record of school lands re- 
quired to be kept by the school commissioner was properly admissible 
in evidence to prove sales made by them. 

Frazier et al. v. Laughlin et al., 6 111. 347. 

§ 22. At the first regular term of the county board in each 
year, the county superintendent shall present to the county board 
of his county a statement showing the sales of school lands made 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book (book B). 

§ 23. The county superintendent shall, also, at the time afore- 
said, transmit to the Auditor of Public Accounts, a full and exact 
transcript from book B of all the sales made subsequent to each re- 
port. The statement required to be presented to the county board 
shall be preserved and copied by the clerk of said board into a well- 
bound book kept for that purpose ; and the list transmitted to the 
Auditor shall be filed, copied and preserved in like manner. 

In an action brought upon the bond of a commissioner of school 
lands for the benefit of a particular township to recover the proceeds 
of the sale of certain lands, the averments as to the breach of the 
bond must be of such a character as to show especial injury to the 
particular township in question. 

County Commissioners v. Smith. 4 111. 227. 

§ 24. Every purchaser of common school lands shall be entitled 
to a patent from the State, conveying and assuring the title. Pat- 
ents shall be made out by the Auditor, from returns made to him 
by the county superintendent. They shall contain a description 
of the land granted, and shall be in the name of and signed by the 
Governor, countersigned by the Auditor, with the great seal of the 
State affixed thereto by the Secretary of State, and shall operate to 
vest in the purchaser a perfect title in fee simple. When patents 
are executed as herein required, the Auditor shall note on the list 
of sales the date of each patent, in such manner as to perpetuate 
the evidence of its date and delivery, and thereupon transmit the 
same to the county superintendent of the proper county, to be by 
him delivered to the patentee, his heirs or assigns, upon the re- 
14 



210 GENEKAL SCHOOL LAW. 

turn of the original certificate of purchase, which certificate, when 
returned, shall be filed and preserved by the county superintend- 
ent ; and all such patents, heretofore or hereafter so issued, by the 
State for school lands, or duly certified copies thereof from any 
record legally made, shall, after the lapse of ten years from the 
date of such patent, and such sale having been acquiesced in for 
ten years by the inhabitants of the township in which the land so 
conveyed may be situated, be conclusive evidence as to the legality 
of the sale, and that the title to such land was, at the date of the 
patent, legally vested in the patentee. 

Under the act of 1829, relating to the sale of school lands, the school 
commissioner may be considered a legally constituted agent, both, for 
the State and the purchaser, to receive the patents, and when they ara 
delivered to him in compliance with the statute, the title is divested 
out of the State and becomes vested in the purchaser. 
People V. Auditor, 3 111. 567. 

After a patent for school lands is issued, in the absence of fraud 
proof will not be required to show that the property was advertised 
for sale according to statute. Enough must be presumed in favor of 
these sales, if unstained by fraud, to sustain them. It is to be pre- 
sumed that the school commissioner has performed his entire duty 
concerning such sales. 

Trustees of Schools v. Allen, 21 111. 120. 

Under the law relating to the sale of school lands, the purchaser 
was entitled to a patent only on the surrender of his certificate of pur- 
chase and the execution and delivery to the commissioner of a mort- 
gage. The record failing to show that appellant's husband had, at any 
time prior to the conveyance of his interest in the land, offered to sur- 
render his certificate of purchase and tendered a mortgage, it follows 
that he could not compel a specific performance of the contract and be 
invested with the legal title to the land, and for this reason no right of 
dower vested in appellant. 

Clybourn v. P., Ft. W. & C. Ry. Co., 4 111. App. 464, 

§ 25, Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of pur- 
chase and patents, upon filing affidavit with the county superin- 
tendent in respect to certificates, and with the Auditor in respect 
to patents, proving the loss or destruction of the originals ; and 
such copies shall have all the force and effect of originals. 

Under the school law of 1857, authorizing the auditor of public ac- 
counts, upon certain proof furnished, to issue in lieu of a patent for 
land which had been lost or destroyed "a duplicate thereof," it is not 
necessary that such copy should have affixed to it the seal of the State 



SCHOOL LANDS. 211 

to render ft admissible in evidence for the same purposes for which the 
original might have been offered. The term "duplicate copy" means a 
certified copy of the original under the seal of the office of the auditor. 

Jackson v. Berner, 48 111. 203. 
The preliminary proof required by the foregoing section is simply for 
the county superintendent when certificates of purchase are lost, and 
for the auditor when patents are lost, to cause them to act and issue 
the duplicate copies, and in no wise affects the question of the admis- 
sibility or sufficiency of the duplicate copies as evidence. The statute 
does not limit the persons in behalf of whom the duplicate copies may 
be used as evidence. 

Reich V. Berdell, 120 111. 501. 

§ 26. When any real estate shall have been taken for any debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent for the use of the inhabitants 
of one or more townships, or of the county, the county superin- 
tendent may lease or sell such real estate for the benefit of said 
township or townships, or of the county, as provided for in section 
37 of article III of this act, regulating the leasing and sales of land 
by school trustees : Provided, that in case the real estate be held 
for the benefit of any township or townships, it shall not be sold 
except upon the written request of the school trustees of said 
township or townships. The said county superintendent is hereby 
authorized to execute conveyances of such real estate to the pur- 
chasers when so sold. 

§ 27. The trustees of schools in any township are hereby au- 
thorized and empowered, in their corporate capacity, to lay out 
and dedicate to the public use, for street and highway purposes, 
so much of the common school lands, which is unimproved or un- 
occupied with buildings, as may be necessary to open or extend 
any street or highway which may be ordered opened or extended 
by the municipal authorities, which are by law empowered to open 
or extend streets or highways in the territory where said school 
lands are located : Provided, that said trustees of schools shall be 
of the opinion that the benefits to accrue from the opening or ex- 
tending of said street or highway, to the remainder of said com- 
mon school lands will compensate for the strip so dedicated : And, 
provided further, that it shall not be lawful for any street or other 
railroad to lay down railroad tracks on any strip of the common 
school lands so dedicated, or use the same or any part of the com- 
mon school lands for railroad or street railroad purposes, except 
upon the purchase or lease of the same from the proper authori- 



212 GENERAL SCHOOL LAW. 

ties, or upcm the payment to the school fund of said township of 
the value of such use or land taken, the same as if no street or 
highway had been laid out thereon, to be determined by proceed- 
ings under an act entitled, "An act to provide for the exercise of 
the right of eminent domain," approved April lo, 1872, and all 
amendments thereto. And provided, further, that this section 
shall not in any way affect existing leases or contracts for the 
lease or purchase of common school lands. 

Under the act of February 12, 1849, tlie power conferred upon the 
school trustees to lay out roads, streets and alleys was confined to 
cases where school lands were subdivided into town or village lots. In 
other cases such trustees had no power to lay out roads or to dedicate 
any portion of the school lands for public highways. Any attempt of 
the school trustees to lay out a road where there was no town or vil- 
lage was ultra vires and void. 

Seeger v. Mueller, 133 111. 86. 



FINES AND FOKFEITUKES. 



213 



Article XIV. 



FINES AND FORFEITURES. 



§ 1. Paid to county superintend- 
ent. 

2. Duties of state's attorneys. 

3. Duties of justices of tlie 

peace. 

4. Report of fines; affidavit; 

penalty for failure to re- 
port. 



§ 5. Penalty for failure to pay 
over fines collected. 
6. Power of the county court to 
examine records of delin- 
quent officers; penalty for 
failure to furnish papers, 
etc. 



Section i. All fines, penalties and forfeitures imposed or in- 
curred in any of the courts of record, or before any justice of the 
peace of this State, except fines, forfeitures and penalties incurred 
or imposed in incorporated towns or cities for the violation of the 
by-laws or ordinances thereof, shall, when collected, be paid to the 
county superintendent of schools of the county wherein such fines, 
penalties or forfeitures have been imposed or incurred, and the 
said county superintendent of schools shall give his receipt there- 
for to the person from whom such fine, forfeiture or penalty was 
received. The said county superintendent shall annually distribute 
such fines, penalties or forfeitures in the same manner as the com- 
mon school funds of the State are distributed. 



rOEM OF NOTICE TO JUSTICE OF THE PEACE. 



To 



Justice of the Peace of 



, Ills., ■ 

County, Illinois: 



19—. 



Permit me to call your attention to the provisions of sections 1, 2, 3 
and 4 of article XIV of an act to establish and maintain a system of 
free schools, which requires you to report to the judge of the county 

court of county all fines and penalties imposed by you in suits in 

which The People of the State of Illinois are plaintiffs, except those for 
trespass on school lands, and to pay to me the whole amount thereof 
collected. Herewith I hand you a form for your report. 

Please pay to me on or before> March 1, 19 — , as required by law, and 
I will deliver your report to the county judge with my receipt for fines 
paid. Respectfully, 



County Superintendent of Schools of 



County. 



214 



GENERAL SCHOOL LAW. 



To Hon. 



rOEM OF EEPOET OF FINES. 



Judge of tlie County Court, 



County, Ills.: 



State op Illinois, 1 ^^ 
County of . J 

I, , do hereby certify that ttie following is a full, true and 

correct report of all fines, penalties and forfeitures imposed and in- 
curred in my court, and of all fines, penalties and forfeitures collected 
by me from , 19 — , the date of my last report, to , 19 — . 



Subscribed and sworn to before me tbis 



Justice of tbe Peace, 
day of , 19—. 



Date. 



Name. 



Nature of Cause. 



Disposition. 



Fine 
Imposed. 



Fine 
Collected. 



, 19 — . Received from , justice of tbe peace, — ■ — 

dollars, as shown by foregoing report. , 

County Superintendent of Schools. 

Note. — See section 8, chapter 53, R. S., entitled "Fees and Salaries," 
providing that State's attorneys shall have a lien for their fees on the 
judgments for fines or forfeitures procured by them until such fees and 
earnings are fully paid. 

See also section 33 of chapter 91, R. S., entitled "Medicine and Sur- 
gery," which provides that all penalties collected under the act relating 
to the practice of pharmacy shall inure to the board of pharmacy. 

Under ordinary rules of construction, the statute last enacted con- 
trols, being the most recent expression of legislative intention, but in 
making such a comparison, a re-enactment of a provision already exist- 
ing is not to be considered, the operation of each provision dating from 
the time of its original enactment. 

Referring to section 8 of chapter 53, the words "fines or forfeitures," 
as therein used, include penalties for violation of law. The word 
"fine" and the word "forfeiture" are often used interchangeably, desig- 
nating the same thing, to wit: "penalty." It is made the duty of the 
states attorneys to prosecute the suits for the collection of penalties 



FINES AND FORFEITUEES. 215 

Tinder tlie Pharmacy Act, and they have a lien for their fees upon the 
judgment tor such penalties, as well as upon judgments for other pen- 
alties. 

The People v. Nedrow, 122 111. 363. 
The provisions of section 15 of chapter 99, R. S. 1845, are not dis- 
turbed by those of February 16, 1857, and February 15, 1865, so far as 
they require sheriffs and other officers to pay over certain funds to the 
school fund, such new remedies being cumulative merely. 

Sierer v. Martin, 63 111. 290. 

§ 2. It shall be the duty of the State's attorneys of the several 
counties to enforce the collection of all fines, forfeitures and pen- 
alties imposed or incurred in the courts of record of their re- 
spective counties, and to pay the same over to the county super- 
intendent of the county wherein the same have been imposed or 
incurred, retaining therefrom the fees and commissions allowed 
them by law. 

§ 3. It shall be the duty of the justices of the peace to enforce 
the collection of all fines imposed by them by any lawful means ; 
and when collected the same shall be paid by the justice collecting 
the same to the county superintendent of the county in which the 
same was imposed. 

The proper, just and legal course is for the justices of the peace to 
pay over to the county school superintendent, promptly, all fines and 
penalties collected by them, that the money may go to the public school 
fund, and if they can satisfy the county board that they are in equity 
entitled to be allowed for services rendered by them to the people, they 
may have a claim allowed against the county and payable from the 
county treasury. A justice of the peace cannot set off against such 
fines an amount which he claims to be due him as fees in cases where 
the people failed in their prosecution. 

Moore v. The People, 37 111. App. 641. 

§ 4. Clerks of courts of record, State's attorneys and all jus- 
tices of the peace shall report, under oath to the county court of 
their respective counties, by the first of March annually, the 
amount of such fines, penalties and forfeitures imposed or in- 
curred in their respective courts, and the amount of such fines, 
forfeitures and penalties collected by them, giving each item sep- 
arately, and if any such officer has collected no such fines, pen- 
alties or forfeitures, he shall make affidavit to such fact, and file 
the same with the county superintendent. The judges of the 
county court shall inspect the said reports, and may hear evidence 
thereon, and, if found correct and truthful, shall enter an order 
approving such report, and that any moneys in the hands of such 



21t) GENERAL SCHOOL LAW. 

officers so reporting shall be paid over to the superintendent of 
schools. If the court shall not approve of such report, he may 
order a new one to be made, and upon a failure to comply with the 
order of the court, or to make a satisfactory report, the court ma)'^ 
state an account and enter an order to pay over as above provided. 
The court, for all purposes for carrying out the provisions of this 
section, shall have power to examine books and papers as pro- 
vided hereinafter in section 6 of this article, and shall have power 
to issue subpoenas for both books and persons : Provided, that no 
report shall be approved until the court shall have given the 
superintendent five (5) days' notice of the same, and he shall be 
allowed to inspect said report, and he shall be heard by the court 
upon the same if he desire ; and the officers charged with the col- 
lection thereof, the said clerks, State's attorneys and justices of 
the peace, for a failure to make such a report, shall be liable to a 
fine of twenty-five (25) dollars for each offense, said fine to be re- 
covered in a civil action, before any court, at the suit of the county 
superintendent of schools of the proper county. 

§ 5. For a failure to pay any fine, forfeiture or penalty, on de- 
mand, to the person who is by law authorized to receive the same, 
the officer or person having collected the same, or having the same 
In his possession or control, shall forfeit and pay double the 
amount of such fine, penalty or forfeiture as aforesaid to be re- 
covered before any court having jurisdiction thereof, in a qui tarn 
action, one-half to be paid to the informer, and one-half to the 
school fund of the proper county. 

§ 6. In case that any clerk of a court of record, State's attor- 
ney or justice of the peace shall fail to make the report provided 
for in section 4 of this article, the county court shall have power, 
and it is hereby made the duty of the judge of said court, to ex- 
amine all records pertaining to the office of such delinquent officer 
and enforce the payment of whatever sum may be found due the 
school fund from such delinquent officer. For the purpose of 
making such examination, the said county court shall have the 
right to call for any paper or papers, docket, fee-book or other 
record belonging to the office of such delinquent officer, and in 
county court, he shall forfeit and pay to the school fund the sum 
of one hundred ( 100) dollars to be recovered in an action of debt 
or assumpsit, before any court of this State having jurisdiction of 
the actions of debt and assumpsit, and such penalty, when col- 
lected, shall be paid into the school fund of the proper county. 



LIABILITY OF SCHOOL OFFIOEES. 



217 



Article XV. 



LIABILITY OF SCHOOL OFFICERS. 



§ 1. Of trustees for failure to 
take action regarding tlie 
insufficiency of township 
securities. 

2. Of judges of election for 

failure to deliver poll- 
book and certificates. 

3. Of boards of directors for 

failure to deliver sched- 
ules. 

4. Of township treasurer for 

failure to perform his du- 
ties. 

5. Of the bondsmen or legal 

representatives of town- 
ship treasurer to turn 
over bonds, etc., to suc- 
cessor. 



§ 6. Liable to indictment and 
imprisonment for con- 
version of funds. 

7. Trustees liable for securi- 

ties of township treas- 
urer; exception. 

8. Real estate of school officers 

holden. 

9. Failure of trustees to make 

returns of children. 

10. Failure of school officers to 

furnish statistics. 

11. School officers responsible 

for loss of funds. 

12. Forbidden to pervert funds 

to sectarian purposes. 

13. Interest in sale of school 

books, etc., forbidden. 

14. Penalty for excluding col- 

ored children from school. 



Section i. Whenever the county superintendent of schools 
o£ any county shall notify the board of trustees of any township, 
in writing, that the notes, bonds, mortgages, or other evidences 
of indebtedness which have been taken officially by the township 
treasurer, are not in proper form, or that the securities which the 
said township treasurer has taken are insufficient, it shall be the 
duty of the said board of trustees at once to take such action as 
may be necessary to save and protect the property or funds of the 
districts and the township. And for a failure or refusal to take 
such action within twenty days after such notice, the members of 
the board, each in his individual capacity, shall be liable to a fine 
of not less than twenty-five (25) nor more than one hundred 
(100) dollars, to be recovered before any justice of the peace, on 
information, in the name of the People of the State of Illinois 
(provided such insufficiency is proven), and, when collected, the 
said fine shall be paid to the county superintendent of the proper 
county, for the use of schools. And the payment of this fine shall 



218 GENERAL SCHOOL LAW. 

not relieve the board of trustees from any civil liability they may 
have incurred from such neglect of duty. 

In a suit under section 76 of the School Law of 1872, to recover a fine 
imposed by that section, the information need not be in writing, neither 
is it necessarj'- that it should be in the name of The People of the State 
of Illinois. The law is satisfied if the process against the defendant 
runs in the name of The People. The word "information," as used in 
that section of the school law, means "complaint" 
Newton v. The People, 72 111. 507. 

§ 2. If the judges of any school election called for any legal 
purpose shall fail or neglect to deliver a copy of the poll-book of 
any such election, with a certificate thereon showing the result of 
such election, to the officer provided by law to whom such return 
shall be made, within ten days after such election shall have been 
held, the said judges of election shall be severally liable to a pen- 
alty of not less than twenty-five (25) dollars nor more than one 
hundred (100) dollars to be recovered in the name of the People 
of the State of Illinois, by an action of debt before any justice of 
the peace of the county; which penalty, when collected, shall be 
paid into the school fund of the township in which such election 
was held. 

§ 3. It shall be the duty of the board of directors of every 
school district in this State, to deliver to the township treasurer 
all teachers' schedules made and certified as required by law, and 
covering all time taught during the school year ending June 30th, 
on or before the seventh day of July, annually; and the directors 
shall be personally liable to the district for any and all loss sus- 
tained by it through their failure to examine and deliver to the 
said township treasurer all such schedules within the said time. 

§ 4. For any failure or refusal to perform all the duties re- 
quired of the township treasurer by law, he shall be liable to the 
board of trustees, upon his official bond, for all damages sustained 
by reason of such failure or refusal, to be recovered by action of 
debt by said board, in their corporate name, for the use of the 
proper township, before any court having jurisdiction of the 
amount of damages claimed ; but if the said treasurer, in any such 
failure or refusal, acted under and in conformity to a requisition 
or order of said board, or a majority of them, entered upon their 
journal and subscribed by their president and clerk, then, and in 
that case, the members of said board aforesaid, or those of them 



LIABILITY OF SCHOOL OFFICEES. 219 

voting for such requisition or order aforesaid, and not the said 
township treasurer, shall be liable, jointly and severally, to the in- 
habitants of the township for all such damages, to be recovered 
by an action of assumpsit in a suit brought in the official name of 
the county superintendent of schools, for the use of the proper 
township : Provided, said treasurer shall be liable for any loss not 
collected by reason of the insolvency of said trustees. 

In case a township treasurer neglects to present a note, evidencing an 
indebtedness to the school fund, against the estate of the principal 
maker within the time required by law, the sureties upon such note 
will be released, and if by reason thereof the amount of the indebted- 
ness is lost to the school fund, the treasurer will be liable therefor on 
his official bond. 

House v. Trustees of Schools, 83 111. 369. 

Township collectors must pay all school taxes collected by them to 
their township treasurers, who are the proper custodians of the school 
funds, and failing to do so, they will be liable on their official bonds. 
The payment of such moneys to any person other than the treasurer of 
the proper township constitutes a breach of the bond, and affords a 
basis for nominal damages, even though the district entitled to the 
money loses nothing. The school directors have no right to intervene 
in a suit brought by the school trustees against a collector for not pay- 
ing over to them the taxes belonging to one of their school districts. 
The People v.- Yeazel, 84 111. 539. 

§ 5. When a township treasurer shall resign or be removed, 
and at the expiration of his term of office, he shall pay over to his 
successor in office, when appointed, all money on hand, and de- 
liver over all books, notes, bonds, mortgages and all other securi- 
ties for money, and all papers and documents of every description 
in which the corporation has any interest whatever, and in case 
of the death of the township treasurer, his securities and legal 
representatives shall be bound to comply with the requisitions of 
this section so far as the said securities and legal representatives 
may have the power so to do. And for any failure to comply with 
the requisitions of this section, the persons neglecting or refusing 
shall be liable to a penalty of not less than ten nor more than one 
hundred dollars, at the discretion of the court before which judg- 
ment may be obtained, to be recovered in an action of debt before 
any justice of the peace, for the benefit of the school fund of such 
township : Provided, that the obtaining or payment of such judg- 
ment shall in no wise discharge or diminish the obligation of the 
persons signing the official bond of such township treasurer. 



220 GENBEAL SCHOOL LAW, 

§ 6. If any county superintendent, trustee of schools, township 
treasurer, director or any other person entrusted with the care, 
control, management or disposition of any school, college, semi- 
nary or township fund for the use of any county, township, dis- 
trict or school, shall convert such fund, or any part thereof, to 
his own use, he shall be liable to indictment, and, upon conviction 
thereof, shall be fined in any sum not less than double the amount 
of money converted to his own use, and imprisoned in the county 
jail not less than one nor more than twelve months, at the discre- 
tion of the court. 

§ 7. Trustees of schools shall be liable, jointly and severally, 
for the sufficiency of securities taken from township treasurers ; 
and in case of judgment against any treasurer and his securities 
for or on account of any default of such treasurer on which the 
money shall not be made for want of sufficient property whereon 
to levy execution, action on the case may be maintained against 
said trustees, jointly and severally, and the amount not collected 
on said judgment shall be recovered with costs of suit from such 
trustees : Provided, that if said trustees can show, satisfactorily, 
that the security taken from the treasurer, as aforesaid, was, at 
the time of said taking, good and sufficient, they shall not be liable 
as aforesaid. 

§ 8. The real estate of county superintendents, of township 
treasurers, and all other school officers, and of the securities of 
each of them shall be bound for the satisfaction and payment of 
all claims and demands against said superintendents and treas- 
urers, and other school officers as such from the date of issuing 
process against them, in actions or suits brought to recover such 
claims or demands until satisfaction thereof be obtained ; and no 
sale or alienation of real estate, by any superintendent, treasurer 
or other officer or security aforesaid, shall defeat the lien created 
by this section, but all and singular such real estate held, owned 
or claimed, as aforesaid, shall be liable to be sold in satisfaction of 
any judgment which may be obtained in such actions or suits. 

Under the seliool law, the lien upon the real estate of a surety upon 
the official bond of the treasurer of a board of school trustees, in case 
of the default of such officer, will attach, if judgment shall thereafter 
be rendered, from the date of the issuing of process in the suit upon 
the bond, regardless of the time of service. 
Snyder v. Spaulding, 57 111. 480. 

§ 9. Trustees of schools or either of them, failing or refusing 
to make returns of children in their township according to the pro- 



LIABILITY OF SCHOOL OFFICEES. 221 

visions of this act, or if either of them shall knowingly make a 
false return, the party so offending shall be liable to a penalty of 
not less than ten ($io) dollars nor more than one hundred ($ioo) 
dollars, to be recovered by an action of assumpsit before any jus- 
tice of the peace of the county; which penalty, when collected, 
shall be added to the township school fund of the township in 
which said trustees reside. 

§ lo. If any county superintendent, director or trustee, or 
either of them, or other ofificer whose duty it is, shall negligently 
or wilfully fail or refuse to make, furnish or communicate the 
statistics and information, or shall fail to discharge the duties en- 
joined upon them or either of them, at the time and in the man- 
ner required by the provisions of this act, such delinquent or party 
offending shall be liable to a fine of not less than twenty-five ($25) 
dollars, to be recovered before any justice of the peace at the suit 
of any person, on information in the name of the People of the 
State of Illinois, and when collected, the said fine shall be paid to 
the county superintendent of the proper county for the use of the 
school fund. 

§ II. County superintendents, trustees of schools, directors 
and township treasurers, or either of them or any other officer 
having charge of school funds or property ,1 shall be pecuniarily 
responsible for all losses sustained by any county, township or 
school fund, by reason of any failure on his or their part to per- 
form the duties required of him or them by the provisions of this 
act ; or by any rule or regulation authorized to be made by the 
provisions of this act ; and each and every one of the officers afore- 
said shall be liable for any such loss sustained as aforesaid, and 
the amount of such loss may be recovered in a civil action brought 
in any court having jurisdiction thereof, at the suit of the State of 
Illinois, for the use of the county, township or fund injured; the 
amount of the judgment obtained in such suit shall, when col- 
lected, be paid to the proper officer for the benefit of the said 
county, township, or fund injured. 

The duties of school directors are derived exclusively from the stat- 
ute, and are specifically defined. If they exercise powers and functions 
not conferred upon them, the statute has made them responsible for all 
losses that may ensue. They may borrow money for the enumerated 
purposes, ooi terms prescribed, and when obtained it is their duty to 
pay it over to the treasurer, who is the proper custodian. Should they 
place it in the hands of any one else, it is at their own risk. 
Adams v. The State, 82 111. 133. 



222 GENERAL SCHOOL LAW. 

If the school officers of the district have squandered the school funds 
or appropriated the same to a purpose not authorized by law, in. conse- 
quence of which a loss is incurred, the proper relief may be had under 
the above section of the statute, and, therefore, a court of equity has 
no jurisdiction to interfere. 

Moore v. Fessenbeck, 88 111. 422. 

If school directors appropriate school funds under their control to a 
purpose not authorized by law, in consequence of which a loss occurs 
to the district, we see no reason why adequate relief may not be had 
under the above section of the statute. Courts of equity possess no au- 
thority to interfere with the financial affairs of school districts. 
Wahl V. School Directors, 78 111. App. 405. 

In order that school officers may be held responsible pecuniarily 
under the foregoing section of the school law, for a failure in the per- 
formance of the duties required of them by law, there must be a loss 
accruing to the school fund by reason of their failure in the perform- 
ance of their duty. There is no personal liability against the directors 
for a reasonable sum of money expended by them in procuring a proper 
water supply for the school, although they proceeded illegally in act- 
ing without an official order of the board of directors, for the reason 
that the school fund has in that case sustained no "loss," as the trans- 
action was one which might have been originally authorized or subse- 
quently ratified at a meeting of the directors. 

People V. Rea, 185 111. 633, affirming 84 111. App. 504. 

§ 12. No county, city, town, township, school district or other 
public corporation shall ever make any appropriation, or pay from 
any school fund whatever, anything" in aid of any church or sec- 
tarian purpose, or to help support or sustain any school, academy, 
seminary, college, university or other literary or scientific institu- 
tion controlled by any church or sectarian denomination whatever ; 
nor shall any grant or donation of money, or other personal prop- 
erty, ever be made by any such corporation to any church or for 
any sectarian purpose ; and any officer or other person having 
under his charge or direction school funds or property, who shall 
pervert the same in the manner forbidden in this section, shall be 
liable to indictment, and upon conviction thereof, shall be fined in 
a sum not less than double the value of the property so perverted, 
and imprisoned in the county jail not less than one (i) nor more 
than twelve (12) months at the discretion of the court. 

It is not within the power of county boards in this State to appro- 
priate county funds for the support or assistance of any school con- 
trolled by a church or religious organization, such action being ex- 
pressly prohibited by section 3 of article VIII of the constitution. 
Stevens v. St. Mary's Training School, 144 111. 337. 



LIABILITY OF SCHOOL OFFICERS. 223 

The county court of Cook county having committed ::ertain girls to 
the Chicago Industrial School for Girls, a corporation having no build- 
ing of its own, said corporation placed all such girls in the House of the 
Good Shepherd and St. Joseph's Orphan Asylum, being institutions of 
two orders of the Roman Catholic church. These institutions fur- 
nished the girls with clothing and tuition and received all the pay al- 
lowed therefor by the county. The oflacers of the Chicago Industrial 
School for Girls were also officers of the two Catholic institutions 
above named and the doctrines of the Roman Catholic church were 
taught in these institutions to some of the pupils. Under these cir- 
cumstances it was held in a suit by the Industrial School against the 
county, to recover for the tuition and clothing of the girls committed 
to its charge and custody, that the money sought to be recovered would 
be a payment in support of schools controlled by a church and in aid 
of a sectarian purpose, and consequently forbidden by the constitu- 
tional prohibition against the appropriation of public moneys for such 
purposes. 

County of Cook v. Industrial School for Girls, 125 111. 541. 

The free schools are institutions provided where all children of the 
State may receive a good common school education. The schools have 
not been established to aid any sectarian denomination or assist in dis- 
seminating any sectarian doctrine, and no board of education or school 
director has any authority to use the public funds for such a purpose. 
Had the board of education required any particular religious doctrine 
to be taught in the public schools, or established any religious exer- 
cises sectarian in character, and complainant's children were required 
to receive such religious instruction in the school and conform to the 
sectarian exercises established, he might have good ground of com- 
plaint, as our public schools are established for the purpose of educa- 
tion. 

Millard v. Board of Education, 121 111. 303. 

Where the board of education leases and uses the basement of a 
church as a temporary school room until such time as the electors are 
willing to provide a permanent site and school building for the accom- 
modation of the scholars of the district, and pays rent to such church 
organization for the use of the room, the court holds that such action 
is not such an appropriation or aid to the church as comes within the 
prohibition of the constitution. 

Millard v. Board of Education, 19 111. App. 48. 

§ 13. No teacher, state, county, township or district school 
officer shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture used, or to be used, in any school in 
this State with which such officer or teacher may be connected; 
and for offending against the provisions of this section such 
teacher, state, county, township or district school officer shall be 
liable to indictment, and upon conviction shall be fined in a sum 
not less than twenty-five ($25) dollars nor more than five hun- 



224 GENERAL SCHOOL LAW. 

dred ($500) dollars, and may be imprisoned in the county jail not 
less than one (i) month nor more than twelve (12) months, at 
the discretion of the court. 

§ 14. Any school officer or officers, or any other person, who 
shall exclude or aid in the exclusion from the public schools, of 
any child who is entitled to the benefits of such school, on account 
of such child's color, shall be fined, upon conviction, in any sum 
not less than five ($5) dollars nor more than one hundred ($100) 
dollars each, for every such offense. 

See citations under section 4 of article XVI, post. 



MISCELLANEOUS. 



225 



Article XVI. 



MISCELLANEOUS. 



§ 1. Costs of suits not to be 
charged to school fund. 

2. Eligibility of women to 

school offices, 

3. Bonds of women holding 

school offices. 

4. Colored children may not 

be excluded from school. 

5. Penalty for preventing 

children from attending 
school. ^ 

6. Payment of funds to town- 

ship treasurer, 

7. Reports and rate of taxa- 

tion under special char- 
ters. 



10, 



11. 



12, 
13, 



Educational institutions to 
report to State Superin- 
tendent, 

Judgments and executions 
against boards of trustees 
and directors. 

No compensation allowed 
to trustees, directors, etc.; 
exemption from road 
labor, etc. 

School officers to hold until 
their successors are quali- 
fied. 

Former acts repealed. 

Emergency clause. 



Section i. No justice of the peace, constable, clerk of any 
court, sheriff or coroner shall charge any costs in any suit where 
any school officer, school corporation or any agent of any school 
fund, suing for the recovery of the same, or any interest due 
thereon, is plaintiff and shall be unsuccessful in such suit; nor 
where the costs can not be recovered from the defendant by rea- 
son of the insolvency of such defendant. 

In an action brought by a township treasurer upon the bond of a tax 
collector to recover taxes alleged to have been collected for school pur- 
poses, it is error to render a judgment against the treasurer for costs 
and to award execution against him therefor. 
People V. Wiltshire, 92 111. 260, 

Under the statute, school trustees are not liable for costs where they 
prosecute or defend in their official capacity. Therefore, upon the re- 
versal of a judgment recovered by them in a suit upon the official bond 
of a township treasurer, no costs should be awarded against the trus- 
tees. 

Cassady v. Trustees of Schools, 94 111. 589, 

The statute forbids courts to charge costs where any agent of any 
school fund sues for the recovery of the same and is unsuccessful in 
such suit. 

Trustees of Schools v. Stokes, 3 111. App. 270. 

15 



226 GENERAL SCHOOL LAW. 

It manifestly was not the design of the legislature to require security 
for costs to be given in actions instituted on official bonds to enforce the 
performance of public duties. 

Trustees of Schools v, Walters, 12 111. 154. 
A school district is liable to a collector for counsel fees and costs in- 
curred by him in defending an injunction suit to enjoin the collection 
of its tax levy. 

Ryan v. Anderson, 25 111. 331. 

In a proceeding for mandamus to compel the trustees to form a new 
district, in which the court below awarded the writ, and entered judg- 
ment against the trustees personally for costs, the court holds that the 
judgment for costs should have been against them as trustees. 
Boone v. The People, 4 111. App. 231. 
It is erroneous to grant costs against a board of education and award 
execution therefor, upon a judgment, granting a writ of mandamus to 
compel a board of education to reinstate a pupil in a public school. 
Board of Education v. Helston, 32 111. App. 300. 

On the dismissal of a bill filed by the trustees of schools to set 
aside a conveyance of property, in order to subject it to the payment 
of a debt due the school fund, it is error to decree costs against the 
trustees. Where such a decree is improperly entered, the error may 
be obviated by filing a remittitur of all costs. 

Trustees of Schools v. Hihler, 85 111. 409. 

A board of school directors which seeks by writ of certiorari to 
annul the action of their township trustees in reference to a change 
in the boundaries of a district is not liable for costs. 

Board of Education v. Trustees of Schools, 74 111. App. 402; 
affirmed, 174 111. 510. 

§ 2. Any woman, married or single, of the age of twenty-one 
years and upwards, and possessing the qualifications prescribed 
for the office, shall be eligible to any office under the general or 
special school laws of this State. 

See act of June 19, 1891, authorizing women to vote at school elec- 
tions. 

§ 3. Any woman elected or appointed to any office under the 
provisions of this act, before she enters upon the discharge of the 
duties of the office, shall qualify and give the bond required by 
law, (if a bond is required) , and such bond shall be binding upon 
her and her securities. 

§ 4. All boards of school directors, boards of education or 
school officers, whose duty it now is, or may be hereafter to pro- 
vide, in their respective jurisdictions, schools for the education of 
all children between the ages of six and twenty-one years, are pro- 



MISCELLANEOUS. 22T 

hibited from the excluding, directly or indirectly, any such child 
from such school on account of the color of such child. 

While the directors very properly have large discretionary powers 
in regard to the management and control of schools, in order to in- 
crease their usefulness, they have no power to make class distinctions, 
nor can they discriminate between scholars on account of color, race 
or social position. They cannot keep and maintain a separate school, 
solely to instruct three or four colored children of the district, who 
can be accommodated at the regular district school. 
Chase v. Stephenson, 71 111. 383. 

The board of education, under the constitution and laws of the State, 
has no authority to adopt a rule, whereby no pupil of African descent 
shall be permitted to attend any of the public schools of the city, 
other than those designated for their use, and that all pupils in the 
city should attend a certain school in said city, called the Lincoln 
School, and no other. School directors and boards of education have 
no right to deny a pupil of the proper age admission to the public 
schools on account of his nationality, color or religion. 

People V. Board of Education of Quincy, 101 111. 308. 

A rule of the board of education, authorizing the principal or super- 
intendent of the schools to assign pupils to such rooms as may seem 
best to him for the schools, the act of such superintendent in exclud- 
ing colored children from a certain school will be considered as the 
act of the board. 

People V. Board of Education of Upper Alton, 127 111. 613. 

Mandamus is a proper remedy in cases where the board of education 
unlawfully excludes colored children from a public school with the 
consent and approval of the municipal officers, and in accordance with. 
a well defined plan for the separation of white and colored children 
in the public schools. 

People V. Mayor and Council of Alton, 179 111. 615. 

On a petition for leave to file an information against the board of 
education of*the city of Quincy and its members and officers, requir- 
ing them to show by what authority they maintained a special school 
in said city for colored children and excluded them from other schools, 
the court holds that leave to file such information was not a matter 
of right on showing a 'prima facie case ex parte, and that the action 
of the court in affording respondents an opportunity to file a counter 
affidavit, by means of a nisi rule, if erroneous, caused no injustice. 

People V. McFall, 26 111. App. 320. 
An unreasonable exclusion of colored children from the public 
schools to which their standing and residence would entitle them to 
be admitted, if they were white children, amounts to a discrimination 
against them on account of color. 

People ex rel. Bibb v. Mayor and Common Council of Alton, 
193 III. 309. 



228 GENERAL SCHOOL LAW. 

§ 5. Any person who shall, by threats, menace or intimida- 
tion, prevent any child entitled to attend a public school in this 
State from attending such school shall, upon conviction, be fined 
in any sum not exceeding twenty-five ($25) dollars. 

§ 6. It shall be the duty of the county treasurers, county su- 
perintendents of schools, township collectors, and all other per- 
sons paying money into the hands of township school treasurers 
for school purposes, on or before the 30th day of September of 
each year, to notify in writing the presidents of boards of school 
trustees and the clerks of the boards of school directors of the 
amount paid into the township treasurer's hands and the date of 
payment. 

§ 7 This act shall not be so construed as to repeal or change, 
in any respect, any special acts in relation to schools in cities hav- 
ing less than one hundred thousand inhabitants, or incorporated 
towns, townships or districts except that in every such city, town, 
township or district the limit of taxation for educational and build- 
ing purposes shall be the same as that fixed in section one, article 
eight, of this act ; and except that it shall be the duty of the sev- 
eral boards of education or other officers of any city or incorpo- 
rated town, township or district, having in charge schools under 
the provision of any of said special acts, or of any ordinance of 
any city or incorporated town, on or before the 15th day of July 
preceding each session of the General Assembly of this State, or 
annually, if required so to do by the State Superintendent of Pub- 
lic Instruction, to make out and render a statement of all such 
statistics and other information in regard to schools and the 
enumeration of persons, as is required to be communicated by 
township boards of trustees or directors, under the provisions of 
this act, or so much thereof as may be applicable to said city or 
incorporated town, to the county superintendent of the county 
where such city or incorporated town is situated, or of the county 
in which the larger part of such city or incorporated town is situ- 
ated ; nor shall it be lawful for the county superintendent, or any 
other officer or person to pay over any portion of the common 
school fund to any local treasurer, school agent, clerk, board of 
education, or other officer or person of any township, city or in- 
corporated town, unless a report of the number of persons and 
other statistics relative to schools, and a statement of such other 



MISCELLANEOUS. 229 

information as is required by the board of trustees or of directors, 
as aforesaid, and of other school officers and teachers, under the 
provisions of this act, shall have been filed at the time or times 
aforesaid, specified in this section, with the superintendent of the 
proper county, as aforesaid. [As amended by act approved and 
in force March 31, 1891.] 

§ 8. It shall be the duty of the president, principal, or other 
proper officer of every organized university, college, seminary, 
academy, or other literary institution, heretofore incorporated, or 
hereafter to be incorporated in this State, to make out, or cause 
to be made out and forwarded to the office of the State Superin- 
tendent of Public Instruction, on or before the first day of Au- 
gust in each year, a report setting forth the amount and estimated 
value of real estate owned by the corporation, the amount of other 
funds and endowments, and the yearly income from all sources, 
the number of instructors, the number of students in the different 
classes, the studies pursued and the books used, the course of in- 
struction, the terms of tuition, and such other matters as may be 
specially requested by said Superintendent, or as may be deemed 
proper by the president or principal of such institution to enable 
the Superintendent of Public Instruction to lay before the Legis- 
lature a fair and full exhibit of the affairs and conditions of said 
institutions, and of the educational resources of the State. 

§ 9. If judgment shall be obtained against any township board 
of trustees or school directors, the party entitled to the benefit of 
such judgment may have execution therefor, as follows to-wit : It 
shall be lawful for the court in which such judgment shall be ob- 
tained, or to which such judgment may be removed by transcript 
or appeal from a justice of the peace, or other court, to issue 
thence a writ commanding the directors, trustees and treasurer of 
such township to cause the amount thereof, with interest and 
costs, to be paid to the party entitled to the benefit of such judg- 
ment, out of any moneys unappropriated of said township or dis- 
trict, or if there be no such moneys, out of the first moneys ap- 
plicable to the payment of the kind of services or indebtedness for 
which such judgment shall be obtained, which shall be received 
for the use of such township or district, and to enforce obedience 
to such writ by attachment, or by mandamus, requiring such 
board to levy a tax for the payment of such judgment; and all 



230 GENERAL SCHOOL LAW. 

legal processes, as well as writs to enforce payment, shall be 
served either on the president or the clerk of the board. 

It is error to award a general execution upon a judgment against 
a board of school directors. 

Board of Education v. Iloag, 21 111. App. 588. 

An order for the issuance of the writ provided for in the above sec- 
tion is not a part of the judgment, and such an order may be made at 
any time after the rendition of the judgment, and can be issued only 
by special direction of the court. 

Roberson v. Troutt, 17 111. App. 391. 

It is error to award a general execution against school directors, 
as the statute provides another method of enforcing judgments against 
them, 

Watson V. Abry, 9 111. App. 280. 

The supreme court has repeatedly held that the above section pro- 
vides the only mode of enforcing a judgment against a school district. 
Watts V. McLean, 28 111. App. 539. 

An order by the court for a general execution issued on a judgment 
against school directors was erroneous under the school law of 1857. 
Botkin V. Osborn, 39 111. 102. 

A personal judgment against a public officer in a proceeding by 
mandamus to compel the payment of money is erroneous. The proper 
remedy of a school teacher to recover his wages is an action against 
the directors, and upon a recovery to take out a special execution, 
provided by law, and enforce it by attachment or Tnandamus. 
Rogers v. The People, 68 111. 154. 

A person having a claim against school directors, trustees or boards 
of education must proceed in the manner pointed out by the above sec- 
tion. 

Thomas v. Urbana School District, 71 111. 284. 

A claim for a mechanic's lien does not attach against property held 
for public school purposes. 

Board of Education v. Neidenberger, 78 111. 58. 

§ lo. Trustees of schools, school directors, members of boards 
of education, or other school officers performing like duties, shall 
receive no pecuniary compensation, but they shall be exempt from 
road labor and from military duty during their term of office. 

The obligation to labor on the roads is not a tax, but a duty, like the 
duty of serving on juries, of military service, or any other public duty 
of citizens or inhabitants. Therefore a statute exempting school di- 
rectors from labor on roads does not exempt them from payment of a 
road tax on their assessable property. 

McDonald v. County of Madison, 43 111. 22. 



MISCELLANEOUS. 231 

§ II. All school officers elected in pursuance of any general 
law now in force shall hold their respective offices until their 
successors are elected and qualified under the provisions of this 
act. 

§ 12. "An act to establish and maintain a system of free 
schools," approved April i, 1872; "An act to protect colored chil- 
dren in their rights to attend public schools," approved March 24, 
1874; "An act to amend section fifty (50) of an act entitled, 'An 
act to establish and maintain a system of free schools,' approved 
April I, 1872, approved March 30, 1874;" "An act to amend sec- 
tions 24 and 33 of an act entitled, 'An act to establish and main- 
tain a system of free schools,' approved April i, 1872, approved 
May 23, 1877;" "An act to amend section 47 of 'An act to es- 
tablish and maintain a system of free schools,' approved April i, 
1872, approved May 11, 1877;" "An act regulating the renting 
and sale of school lands," approved May 25, 1877; "An act to 
amend section 33 of an act entitled, 'An act to amend sections 24 
and 33 of an act entitled, 'An act to establish and maintain a sys- 
tem of free schools,' approved April i, 1872, approved May 23, 
1877, in force July i, 1877," approved May 31, 1879;" "An act to 
amend an act entitled, 'An act to establish and maintain a system 
of free schools,' approved April i, 1872, and section forty-seven 
(47) of said act as amended "by an act approved May 11, 1877, 
approved June 3, 1879;" "An act to amend sections eleven (11), 
twenty-seven (27), thirty-three (33), thirty- four (34), forty- 
eight (48), fifty-three (53), fifty-four (54), fifty-seven (57) of 
an act entitled, 'An act to establish and maintain a system of free 
schools,' approved April i, 1872, and in force July i, 1872, and 
amended by an act approved June 3, 1879, and in force July i, 
1879, approved May 31, 1881 ;" "An act to amend section fifty- 
one (51) of an act entitled, 'An act to establish and maintain a 
system of free schools," approved April i, 1872, in force July i, 
1872, and amended by an act approved June 3, 1879, in force 
July I, 1879, approved June 23, 1883;" "An act regulating the 
loaning of school funds," approved and in force March 20, 1883 , 
"An act to amend sections thirteen (13), twenty (20) and seventy- 
one (71) of an act entitled, 'An act to establish and maintain a 
system of free schools,' approved April i, 1872, and in force 
July I, 1872, and amended by an act approved June 3, 1879, ^P" 
proved June 26, 1885 ;" "An act to amend sections fifty-seven (57) 



232 GENERAL SCHOOL LAW. 

and fifty-eight (58) of an act entitled, 'An act to establish and 
maintain a system of free schools,' approved April i, 1872, and 
amended by an act approved April i, 1872, and amended by an 
act approved June 3, 1879, and in force July i, 1879, ^^^ further 
amended by an act approved May 31, 1881, and in force July i, 
1881, approved June 30, 1885 ;" "An act to amend section one (i) 
of an act entitled, 'An act regulating the renting and sale of school 
lands,' approved May 25, 1877, in force July i, 1877,' approved 
June 29, 1885 ;" "An act to amend section thirty-three (33) of an 
act entitled, 'An act to establish and maintain a system of free 
schools,' approved April i, 1872, in force July i, 1872, as amended 
by an act approved May 23, 1877, in force July i, 1877, as 
amended by act approved June 3, 1879, in force July i, 1879, 
as amended by act approved May 31, 1881, in force July i, 
1881,' approved June 4, 1887;" "An act to provide for the elec- 
tion of presidents of boards of education in school districts," ap- 
proved June 17, 1887; "An act to empower trustees of schools 
to lay out and dedicate common school lands for street and high- 
way purposes," approved June 3, 1887; "An act to regulate the 
attendance of teachers upon teachers' institutes," approved June 
14, 1887; "An act to empower township trustees to sell and con- 
vey right of way and depot grounds for the use of railroads cross- 
ing school lands," approved April 13, 1875 ; "An act to regulate 
the payment of moneys into the hands of township school treas- 
urers," approved May 30, 1881 ; and all other acts and parts of 
acts inconsistent with this act, and all general school laws of this 
State, are hereby repealed. 

The general law for the incorporation of cities and villages having 
no reference to public schools, it follows that the adoption by a city 
of such general law does not abrogate provisions in the city's former 
special charter for the establishment and maintenance of a system of 
schools, provided such provisions are not inconsistent with anything 
contained in the general law. The act of May 21, 1889, revising the 
school law, repealed the act of 1887, providing that school districts 
acting under a special charter might hold elections at the time pro- 
vided by the school law for the election of school directors, and at 
such places in the district as might be designated by the board of edu- 
cation. Hence, an election held thereafter under the act of 1887 gave 
no title to the oflBces. 

Smith v. The People, 154 111. 58. 

The object of the legislature in enacting the school law of 1872 was 
thie establishment of one general system under which all schools in 



MISCELLANEOUS. 233 

the State might be conducted, except in those places where schools 
were conducted under special acts in cities having less than one hun- 
dred thousand inhabitants, or in incorporated towns, townships or 
districts. All such special acts were not repealed or changed by the 
general school law. 

Kuenster v. Board of Education, 134 111. 166. 

§ 13. Whereas, an emergency exists, requiring this act to take 
immediate effect, therefore be it enacted that this act shall take 
effect from and after its passage. 

Note. — For a list of former general school laws of the State, see Starr 
& Curtis' Annotated Statutes, Tol. Ill, page 3752. 



234 CALENDAR OF SCHOOL ELECTIONS, ETC. 



CALENDAR OF SCHOOL ELECTIONS AND DUTIES OF 

OFFICERS. 

January, first Monday — Apportionment of Auditor. 

March 1, on or before — Payment of Auditor's warrants. 

On or before same day — Report of fines and forfeitures. 

April 1, on or before — Collector of taxes to pay treasurer. 

April, first Monday — ^Regular meeting of trustees; treasurer's report. 

Within two days after — Treasurer's statement to district school 
boards. 

April, first Tuesday — Election of trustee when elected at town meet- 
ings. 

April, second Saturday — Election of trustee in other cases. 

Within ten days after — Organization of board of trustees. 

April, third Saturday — Election of directors; their report to Toters. 

Same day — Election of members of board of education. 

Within ten days after — Organization of board of directors and board 
of education. 

June, first Saturday — University scholarship examination at the 
county seat by county superintendent. 

June 30 — Treasurer's report of notes, etc., to county superintendent. 

July 7 — ^Reports of statistics by district boards to treasurer. 

On or before the same day — ^All schedules or statements of attend- 
ance filed with treasurer. 

July 15 — Trustees' report to county superintendent. 

July 15 — Treasurer's statement to district boards. 

August, first Tuesday — District boards to certify tax levy to treas- 
urer. 

August, second Monday — Same returned to county clerk by treas- 
urer. 

August 15 — County superintendent's report to State Superintendent. 

September, at annual meeting — County superintendent's report to 
county board. 

September 30, on or before — Notice of county superintendent to presi- 
dent of board of trustees and clerk of district board of amount of 
money paid by him to treasurer. 

October, first Monday — Regular meeting of trustees; treasurer's re- 
port. 

November 1 — State Superintendent's report to Governor; biennially. 

November, Tuesday after first Monday 1902— Election of State and 
county superintendents, and quadrennially thereafter. 

Note.— The foregoing calendar is taken from a late official publica- 
tion of the State Superintendent of Public Instruction. 



SCHOOL DIKECTOKS AND MEMBERS OF BOARDS, ETC. 



235 



MISCELLANEOUS ACTS, DELATING TO SCHOOLS^ 
SCHOOL OFFICERS, AND CHILDREN OF SCHOOL 
AGE. 

SCHOOL DIRECTORS AND MEMBERS OF BOARDS OF EDUCATION. 

§ 1. School Officers. | § 3- Organization. 

2. School directors — How ap- | 4. Revenue, 
pointed. | 

An Act to provide for the appointment of School Directors and 
members of the Board of Education, in certain cases "ip- 
proved May 29, 1879, in force July i, 1879- [As amended by 
act approved May 31, 1881, in force July i, 1881.] 
Section i. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That in all cases whereby 
[where, by] the provisions of any general or special law of this 
State heretofore passed, the members of the common council of 
any city have been made ex officio school directors, or members of 
the board of education in and for the school district of which the 
said city shall constitute the whole or a part, the said school di- 
rectors or members of the board of education shall hereafter be 
appointed as hereinafter provided. . ., ^ ^ 

8 2 It shall be the duty of the mayor of said city, at the first 
regular meeting of the city council after each annual municipal 
election, and after his installation into office, to nominate and 
place before the council, for confirmation as school directors or 
members of the board of education, as the case may be, one person 
from each ward of said city to serve for two years, and one person 
from the city at large to serve for one year, and if the persons so 
appointed shall be confirmed by a majority vote of the city coun- 
cil to be entered of record, the persons so appointed, together 
wi'th such persons theretofore appointed under the provisions of 
the act to which this is an amendment, whose terms of service 
shall not expire within one year, shall constitute the board of edu- 
cation or school directors for such district: Provided, that the per- 
son appointed from the city at large for one year shall be presi- 



236 MISCELLANEOUS ACTS, KELATING TO SCHOOLS, ETC. 

dent of said board of education or school directors, but shall have 
no vote in such board excepting in case of a tie: And, provided 
further, that the term of office of all persons heretofore appointed 
under the provisions of the act to which this is an amendment, 
whose term of office expires within one year, shall terminate at 
the first regular meeting of the city council after the annual meet- 
ing, and upon the appointment and confirmation of their succes- 
sors. [As amended by act approved and in force May 28, 1889.] 

§ 3. The said persons shall, soon as practicable after their ap- 
pointment, organize by electing one of their number secretary, 
who shall hold his office for one year. All rights, powers and 
duties heretofore exercised by and devolved upon the members 
of the city council, as ex ofUcio members of the board of education, 
or school directors, shall devolve upon and be exercised by the 
members of the board of education and school directors appointed 
under the provisions of this act. [As amended by act approved 
and in force May 28, 1889.] 

§ 4. In all school districts to which this act shall apply the 
boards of education or school directors shall annually, before the 
first day of August, certify to the city council, under the hands 
and seals of the president and secretary of the board, the amount 
of money required to be raised by taxation for school purposes in 
said district for the ensuing year, and the said city council shall 
thereupon cause the said amount to be levied and collected in the 
same manner now provided by law for the levy and collection of 
taxes for school purposes in such district, but the amount to be so 
levied and collected shall not exceed the amount now allowed to 
be collected for school purposes by the general school laws of this 
State ; and when such taxes have been collected and paid over to 
the treasurer of such city or school district, as may be provided by 
the terms of the act under which such district has been organized, 
such funds shall be paid out only on the order of the board of edu- 
cation or school directors, signed by the president and secretary 
of such board. 



ELECTION OF BOAEDS OE EDUCATION IN CERTAIN CASES. 



237 



ELECTION OF BOARDS OF EDUCATION IN CERTAIN CASES. 



§ 1. Cities, towns and townships 
may elect boards of educa- 
tion. 



§ 2. Question to be submitted to 
vote. 

3. Repeal. 

4. Emergency. 



An Act to give cities, incorporated towns, townships and dis- 
tricts, in which free schools are now managed under special 
acts, authority to elect hoards of education having the same 
powers as hoards of education now elected under the general 
free school laws of this State. [Approved and in force 
from June 2, 1891.] 

Section i. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That any city, incorporated 
town, township or district having a population of not less than 
one thousand and not over twenty thousand inhabitants, in which 
free schools are now managed under any special act, may, by vote 
of its electors, determine to elect, instead of the directors or other 
governing or managing board, now provided for by such special 
act, a board of education which shall be elected at the time and in 
the manner and have the powers now conferred by law upon 
boards of education of districts not governed by any special act. 

§ 2. Upon petition of fifty voters of such city, town, township 
or district, presented to the board having the control and manage- 
ment of schools in such city, town, township or district, it shall 
be the duty of such board, at the next ensuing election to be held 
in such city, town, township or district, to cause to be submitted 
to the voters thereof, giving not less than fifteen days' notice 
thereof, by posting not less than five notices in the most public 
places in such city, town, township or district, the question of 
"electing a board of education having the powers conferred upon 
such boards in districts organized under the free school laws,'* 
which notice may be in the following form, to-wit: 

Public notice is hereby given that on the day of , 

A. D. , an election will be held at between the hours of 

— M. and — M. of said day, for the purpose of deciding the ques- 
tion of "electing a board of education having the powers conferred 
upon such boards in districts organized under the free school 
law." 



238 MISCELLANEOUS ACTS, KELATING TO SCHOOLS, ETC. 

If it shall appear, upon a canvass of the returns of such election, 
that a majority of the votes cast at such election are "for electing 
a board of education having the powers conferred upon such 
boards in districts organized under the free school law," then at 
the time of the next regular election for boards of education under 
the free school law, there shall be elected a board of education 
for such district; and should there not be sufficient time to give 
the notice required by law for such election, then such election 
may be held on any Saturday thereafter, but all subsequent elec- 
tions shall be held at the time provided by the free school law. 

§ 3. All acts and parts of acts in conflict with this act are 
hereby repealed. 

§ 4. Whereas, An emergency exists requiring this act to take 
immediate effect, therefore be it enacted that this shall be in force 
from and after its passage. 

SCHOOL INSPECTORS. 

§ 1, Increasing number of school j § 2. Emergency, 
inspectors. I 

An Act increasing the number of school inspectors, elected under 
special acts, from six to seven members. [Approved and 
in force March 6, 1895.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State having over 10,000 and less than 100,000 inhabitants, whose 
schools are now operated under special law, and where, by such 
special law, boards of school inspectors consisting of six mem- 
bers (three in each of two districts) are elected, such board shall 
hereafter consist of seven members; and at the time other mem- 
bers of such boards are elected in April, 1895, and each three 
years thereafter, such additional member shall be elected for a 
term of three years, by all the voters entitled to vote at school 
elections of the entire school territory embraced in said two dis- 
tricts ; and whenever such additional member is to be elected, he 
shall be designated and voted for as "member of board of school 
inspectors at large." 

§ 2. Whereas, An emergency exists, therefore this act shall 
take effect and be in force from and after its passage. 



SCHOOL INSPECTOES ELECTED UNDER SPECIAL ACTS. 



239 



SCHOOL INSPECTORS ELECTED UNDER CERTAIN SPECIAL ACTS. 



§ 1. Certain districts, though di- 
vided for the election of 
school inspectors, are made 
undivided districts with 
added powers. 



§ 2. Moneys raised by taxation. 

3. Record of the proceedings. 

4. Emergency. 



An Act to amend section one of "An act extending the powers of 
Boards of School Inspectors elected under special acts," ap- 
proved June ig, iSp^. [Approved and in force June ii, 
1897.] 

Section i. Be if enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one of "An 
act extending the powers of boards of school inspectors elected 
under special acts," approved June 19, 1893, be amended so as to 
read as follows : 

Be it enacted by the People of the State of Illinois represented 
in the General Assembly: That in all cities in the State having 
over 20,000 and less than 100,000 inhabitants, whose schools are 
now operated under special law, and where, by such law, territory 
outside of the city limits is added to the territory within the city 
for school purposes, and where such school district or districts is 
not co-extensive with the township in which such city is situated, 
and where by such special law, boards of school inspectors, con- 
sisting of six members (three in each of two districts), are elected, 
the provisions of any such special law dividing such territory 
into two districts shall be held to be only for the purpose of elect- 
ing members of the board of school inspectors, and for all other 
purposes the territory in two such districts shall be held to be in- 
cluded in one school organization, and the board of school in- 
spectors, in addition to the other powers given by such special 
law, and the general school laws, shall have power to employ 
teachers, janitors and other employees as such board shall deem 
necessary, and to fix the amount of their compensation, to buy or 
lease sites for school houses, with the necessary grounds ; to build, 
erect, lease or purchase buildings suitable for school houses, to 
repair and to improve school houses, and to furnish them with 
the necessary supplies, fixtures, apparatus, libraries and fuel, and 



240 MISCELLANEOUS ACTS, EELATING TO SCHOOLS, ETC. 

it shall be the duty of such board to take the entire supervision 
and control of the schools in such district or districts. 

§ 2. [Act of 1897.] Whereas, An emergency exists, there- 
fore this act shall take effect and be in force from and after its 
passage. 

§ 2. [Original act.] All moneys necessary for the purposes 
mentioned in section one of this act shall be raised as now pro- 
vided by law, not to exceed the amount by law limited, and shall 
be held by the treasurer as a special fund for school purposes, 
subject to the order of school inspectors, upon warrants to be 
countersigned by the mayor and city clerk. 

§ 3. The said board shall provide well-bound books at the ex- 
pense of the school tax fund, in which shall be kept a faithful 
record of all its proceedings. The yeas and nays shall be taken 
and entered on the record of the proceedings of the board upon all 
questions involving the expenditure of money. 

§ 4. Whereas, An emergency exists, therefore this act shall 
take effect and be in force from and after its passage. 



ELECTION OF BOARDS OF EDUCATION IN CERTAIN DISTRICTS. 

§ 1. Election of boards of education in lieu of school directors. 
2. Emergency. 

An Act to amend an act entitled, "An act to provide for the elec- 
tion of hoards of education, and the defining of the powers of 
such hoards of education, in school districts organized under 
special acts of the Legislature of this State, where such school 
districts are maintained vmder the general school laws of this 
State, and where there is no provision in such special acts for 
the election of hoards of education" [Approved and in 
force May 11, 1901.] 

Section i. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: Section i of an act en- 
titled, "An act to provide for the election of boards of education 
in school districts organized under special acts of the Legislature 
of this State, where such school districts are maintained under the 
general school law of this State, and where there is no provision 
in such special acts for the election of boards of education," ap- 



ELECTION OF BOARDS OF EDUCATION IN CEETAIN DISTRICTS. 241 

proved June lo, 1897, in force July i, 1897, be, and the same is 
hereby, amended to read as follows : 

Section i. That hereafter, in all school districts in this State 
organized under any special law of this State, and maintaining 
public schools under any general school laws of this State, where 
there is no provision in said special acts creating such special 
school districts, for the election of boards of education as other- 
wise provided, there shall be elected in each of said special school 
districts, in lieu of the school directors as now provided, a board 
of education, to consist of seven members to be elected at the 
time and in the manner as now provided by the general law for 
the election and qualification of boards of education in other cases , 
Provided, That at the first election of such board, which shall be 
held on the third Saturday in April, A. D. 1898, two of such mem- 
bers shall be elected to serve one year, two to serve two years, and 
two to serve three years, and a president of such board shall be 
elected, whose term of office shall be one year ; and annually there- 
after there shall be elected in said school district two members of 
such board, whose term of office shall be three years, and there 
shall also be elected annually thereafter a president of said board. 
Said board of education, when so elected and qualified, shall have 
all the powers of trustees of schools in school townships as is now 
provided by general law. Said board of education, in addition to 
the powers of trustees aforesaid, shall also have all the powers of 
school directors as is now provided for by the general school law 
of this State; and in addition thereto and inclusive thereof, they 
shall have all the powers and perform all the duties of boards of 
education in school districts having a population of not less than 
one thousand and not over one hundred thousand inhabitants 
under the general school law as the same now exists and as set 
forth in article six of the school law, or as shall be conferred by 
any future alterations thereof by the Legislature. 

§ 2. Whereas, an emergency exists, therefore this act shall 
take effect frc«n and after its passage. [As amended by act ap- 
proved May II, 1901.] 
16 



24:2 MISCELLANEOUS ACTS, EELATING TO SCHOOLS, ETC. 



ELECTION OF BOARDS OF EDUCATION. 

An Act to provide for the election of boards of education in cer- 
tain districts. [Approved May 15, 1903, in force July i, 
1903-] 
Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all school districts 
in this State, having a population of over (3500) by the last fed- 
eral census, existing by virtue of any special charter, where the 
board of directors or board of education is elected or appointed 
by the common council of the city, of which school district such 
city may form the whole or a part, and where there are no pro- 
visions in the special charter creating such school district, for the 
election of a board of directors or board of education, there shall 
be elected hereafter in each of said school districts, in lieu of the 
present governing body, a board of education, to consist of seven 
members, to be elected at the same time and in the same manner, 
as provided by the general school law for the election of boards of 
education in school districts having a population of not less than 
one thousand and not more than one hundred thousand inhabi- 
tants. Such board of education, when elected and qualified, shall 
have all the powers of trustees of schools in school townships. It 
shall also have all the powers of boards of directors, and in ad- 
dition thereto, all the powers of boards of education elected by 
virtue of the general school law of this State. 

refunding SURPLUS AFTER PAYMENT OF BONDS. 



§ 1. Payment of surplus to town- 
ship treasurer. 



§ 2. Apportionment of surplus 
funds. 



An Act making provision for the refunding of surplus funds 
that are now, or hereafter may be in the hands of county 
collectors of taxes, or county treasurers, or ex-collectors or 
ex-treasurers, to the credit of the bond fund of school town- 
ships when such bonds have been paid and canceled. [Ap- 
proved June 23, 1885, in force July i, 1885.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever all the 
bonds of any school township have been paid and canceled upon 



ASSUMING INDEBTEDNESS. 243 

the records of the school township treasurer and there remains 
in the hands of the county collector of taxes, or any ex-county 
collector, or in the hands of the county treasurer, or ex-county 
treasurer after said payment, any balance to the credit of the bond 
fund of such school township, it shall be the duty of, and such 
county collector or ex-county collector, county treasurer or ex- 
county treasurer, is hereby authorized to pay to the school town- 
ship treasurer the balance of such funds in his hands and the 
said school township treasurer shall give his receipt for the 
same. 

§ 2. At the first regular semi-annual meeting of the trustees 
of such township after the collection of such funds as mentioned 
in section one of this act, the said trustees shall distribute and ap- 
portion the same among the districts or fractions of districts of 
such township and the school board or boards of incorporated 
cities or towns in such township, in proportion to the number of 
children under twenty-one (21) years of age in each. The funds 
thus apportioned shall be placed on the books of the treasurer to 
the credit of the respective districts, and the same shall be paid 
out by the treasurer on the legal orders of the directors of the 
proper districts, except such part of such fund as may be payable 
to the board or boards of education of incorporated cities or towns 
having a treasurer other than the township treasurer, which por- 
tion of such fund shall be paid by the township treasurer to the 
treasurer of such board of education. 

ASSUMING INDEBTEDNESS. 

An Act to allow directors of schools under special laws to assume 
and provide for indebtedness heretofore created by the au- 
thorities of a city for school purposes. [Approved June 22, 
1891, in force July i, 1891.] 

Section i. Be it etiacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any city 
in this State is by special law made a school district, or whenever 
any school district created by special law shall be coterminous 
with any city, the directors of such district shall have the power 
at the request of the city council to assume and provide for, by 
borrowing and taxation, any indebtedness now existing created 
by the authorities of the city for school purposes. 



244 MISCELLANEOUS A.CTS, EELATINQ- TO SCHOOLS, ETC. 



ISSUANCE OF BONDS. 



§ 1. Proposition for bonds sub- 
mitted to vote. 

2. Registration. 

3. Treasurer's record. 

4. Elections. 



5. Election returns. 

6. Proceedings in bonded dis- 

tricts. 

7. Emergency. 



An Act to authorize certain school districts to issue bonds for 
certain purposes. [Approved and in force May lo, 1901.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of 
building or repairing school houses, or purchasing or improving 
school sites, any school district in this State existing by virtue of 
any special charter, and governed by such special charter and spe- 
cial or general laws, whose boundaries are co-extensive with the 
boundaries of any incorporated city, town or village, where au- 
thorized by a majority of all the votes cast at an election called for 
that purpose, may borrow money, and as evidence of such in- 
debtedness, may issue bonds in denominations of not less than 
one hundred (100) dollars, nor more than one thousand (1,000) 
dollars, for a term not to exceed twenty (20) years, bearing in- 
terest at a rate not to exceed five (5) per centum per annum, 
payable annually, semi-annually or quarterly, and signed by the 
president and secretary of the board of education of such school 
district: Provided, that the amount borrowed in any one year 
shall not exceed, including existing indebtedness, five (5) per 
centum of the taxable property of such school district, to be as- 
certained by the last assessment for State and county taxes previ- 
ous to incurring such indebtedness. 

§ 2, All bonds authorized by virtue of this act, before being 
issued, negotiated and sold, shall be registered, numbered and 
countersigned by the treasurer of such school district. Such 
register [registration] shall be made in a book provided for this 
purpose and in this register shall be entered the record of the elec- 
tion authorizing such school district to issue bond's, and a descrip- 
tion of the bonds issued, including the number, date, amount, 
rate of interest and when payable. 

§ 3. All moneys, borrowed by virtue of this act, shall be paid 
into the treasury of such school district, and upon receiving such 



ISSTTANCE OF BONDS. 24:5 

moneys, the treasurer shall deliver the bond or bonds issued there- 
for, to the person or persons entitled to receive the same, and shall 
credit the amount received to such school district. The treasurer 
shall record the exact amount received for each bond issued, and 
when any bond is paid the treasurer shall cancel the same, and 
enter in the register opposite the record of such bond, the words 

"paid and cancelled this day of , 19 — ," filling the 

blanks with the date, month and year corresponding with the 
date of such payment. 

§ 4. Whenever it is desired to hold an election for the purpose 
of borrowing money, as provided by this act, the board of educa- 
tion of such school district in which such election is to be held, 
shall give at least ten (10) days' notice of the holding of such 
election, by posting notices in at least three public places in such 
district. Such notices shall specify the place where such election 
is to be held, the time of opening and closing the polls, and the 
proposition to be voted on. At such election two members of the 
board of education shall act as judges and one member shall act 
as clerk. The judges and clerk shall take the oath required of 
judges and clerks of an election held for county or township offi- 
cers. At such electictfi all votes shall be by ballot. 

§ 5. Within ten (10) days after such election the judges shall 
cause the poll book to be returned to the treasurer of the said 
school district, with a certificate thereon showing the result of 
such election. The poll book shall be filed by the treasurer, and 
shall be evidence of such election. For a failure to return the 
poll book to the treasurer within the time prescribed, the judges 
of said election shall be liable, severally, to a penalty of not less 
than twenty-five (25) dollars nor more than one hundred (100) 
dollars, to be recovered in a suit in the name of the People of the 
State of Illinois, before any justice of the peace, and when col- 
lected shall be added to the school fund of said district. 

§ 6. Where any such school district has heretofore issued 
bonds, or other evidences of indebtedness, on account of any pub- 
lic school building, or for any other purpose, which are now bind- 
ing and subsisting obligations against such school district and 
remaining otitstanding, such school district may, upon the sur- 
render of any such bonds or any part thereof, or other evidence 
of indebtedness, issue in lieu thereof, to the holder or holders of 
said bonds, or to any person or persons, for money with which to 
take up the same, new bonds in accordance with the provisions of 



246 MISCELLANEOUS ACTS, EELATING TO SCHOOLS, ETC. 

this act: Provided, such bonds shall not be issued so as to in- 
crease the aggregate indebtedness of such school district to ex- 
ceed, including existing indebtedness, five (5) per centum of the 
taxable property of such school district, to be ascertained by the 
last assessment for the State and county taxes previous to incur- 
ring such indebtedness. 

§ 7. Whereas, an emergency exists, this act shall be in full 
force and effect from and after its passage. 

COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CERTAIN 

CASES.* 



1. Fees, how paid. 

2. Fees at district election. 



§ 3. Tax levy to pay fees. 



An Act to provide for the compensation of judges and clerks 
of election at elections at which trustees of schools and school 
directors are elected under the provisions of an act entitled 
"An act to regulate the holding of elections and declaring 
the result thereof in cities, villages and incorporated towns 
in this State," approved June ig, 188^. [Approved June 3, 
1889, in force July i, 1889.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That at all elections held 
under the provisions of an act entitled "An act to regulate the 
holding of elections and declaring the result thereof in cities, 
villages and incorporated towns in this State," approved June 19, 
1885, and those amendatory and supplemental thereto, at which 
any trustee of schools may have been heretofore or shall here- 
after be elected, the expenses of such election shall be paid out of 
the treasury of such city, village and incorporated town. 

§ 2. That all elections held under the provisions of said acts, 
at which a school director is elected, the expenses of such election 
shall be paid out of any funds belonging or appertaining to the 
district for which such director is elected. 

§ 3. The corporate authorities of cities, villages, incorporated 
towns and school districts are hereby authorized and empowered 
to levy taxes for the purpose of paying such election expenses. 

*This relates to the judges and clerks of elections appointed by the 
board of election commissioners, and not to the officers of school elec- 
tions generally. 



WOMEN MAT VOTE AT SCHOOL ELECTIONS. 247 



WOMEN MAY VOTE AT SCHOOL ELECTIONS. 



§ 1. Right of suffrage conferred 
upon women twenty-one 
years of age and over — 
Registration. 



§ 2. Permitted to vote for school 
oflBcers at any election- 
Ballots. 



An Act to entitle women to vote at any election held for the pur- 
pose of choosing any ofUcer under the general or special 
school laws of this State. [Approved June 19, 1891, in force 
July I, 1891.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Any woman of the age of 
twenty-one years and upwards, belonging to either of the classes 
mentioned in article 7 of the Constitution of the State of Illinois, 
who shall have resided in this State one year, in the county ninety 
days, and in the election district thirty days preceding any elec- 
tion held for the purpose of choosing any officer of schools under 
the general or special school laws of this State, shall be entitled 
to vote at such election in the school district of which she shall 
at the time have been for thirty days a resident: Provided, any 
woman so desirous of voting at any such election shall have been 
registered in the same manner as is provided for the registration 
of male voters. 

§ 2. Whenever the election of public school officers shall occur 
at the same election at which other public officers are elected, the 
ballot offered by any woman entitled to vote under this act shall 
not contain the name of any person to be voted for at such elec- 
tions, except such officers of public schools, and such ballots shall 
all be deposited in a separate ballot box, but canvassed with other 
ballots cast for school officers at such election. 



248 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 



GIVING CERTAIN CITIES WITH SPECIAL SCHOOL CHARTERS THE 
GOVERNMENT OF SCHOOLS IN ANNEXED TERRITORY. 

An Act giving cities organised under special charters and having 
the government of public schools under such charters, the 
government of public schools in any terrritoy annexed to 
said cities, with the right to levy and assess taxes for school 
purposes against the property in said territory so annexed. 
[Approved April 12, 1899, in force July i, 1899.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State having a population of less than twenty thousand, and in- 
corporated under any special law, whose public or common schools 
within the corporate limits of said city are governed by virtue of 
such special acts, where any territory has been heretofore, or may 
hereafter be annexed to said city for general corporate purposes, 
such territory so annexed shall be included in, and shall be sub- 
ject to the control and government of said cities for school pur- 
poses upon petition signed by a majority of the legal voters in the 
territory to be annexed as fully and to the same extent as if the 
said territory were originally within the corporate limits of said 
city as created by such special acts, and said territory, when so 
annexed, shall thereby become disconnected from any school dis- 
trict to which, prior to such annexation, it may have been con- 
nected or belonged. 

§ 2. All cities referred to in section i of this act shall have the 
right to levy, assess and collect taxes for school purposes in the 
territory so annexed, in the same manner, and as fully and to the 
same extent as the said cities may now have said right over the 
territory comprised within the original corporate limits of said 
cities. 



TEACHEKS' PENSION AND EETIKEMENT FUND. 249 



BOARDS OF TRUSTEES, DIRECTORS OR MANAGERS OF EDUCATIONAL 
INSTITUTIONS TO ELECT THEIR PRESIDENTS. 

An Act to provide that the board of trustees, directors or man- 
agers, or the senate, of any college, seminary, academy or 
other educational institution, incorporated under any general 
or special law of this State, solely for educational purposes 
and possessing no capital stock, may elect its own presiding 
officer. [Approved and in force April 12, 1899.] 

Section i. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the board of 
trustees, directors or managers, or the senate, of any college, sem- 
inary, academy or other educational institution, incorporated 
under any general or special law of this State, solely for educa- 
tional purposes, and possessing no capital stock, may elect its own 
presiding officer for such term as the board or senate may de- 
termine, the provisions of any special charter to the contrary not- 
withstanding. 

§ 2, Whereas, an emergency exists, therefore this act shall 
take effect and be in force from and after its passage. 

teachers' pension and retirement fund. 



§ 1. Teachers' and employees' 
pension and retirement 
fund in certain cities. 

2. Board of trustees — Adminis- 

tration of fund. 

3. Retirement. 



4. Annuity. 

5. Powers of trustee. 

6. Special fund — How created. 

7. Custodian of fund. 

8. Removals — Contributions re- 

funded. 



An Act to provide for the formation and disbursement of a public 
school teachers' and public school employes' pension and re- 
tirement fund in cities having a population exceeding one 
hundred thousand inhabitants. [Approved May 31, 1895, in 
force July i, 1895.] 

Section i. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the board of 
education in cities having a population exceeding one hundred 
thousand inhabitants, shall have power, and it shall be the duty of 
said board to create a public school teachers' and public school em- 



260 MISCELLANEOUS ACTS, EELATING TO SCHOOLS, ETC. 

ployes' pension and retirement fund, and for that purpose shall 
set apart the following money, to-wit : 

1. An amount not exceeding one per cent per annum of the re- 
spective salaries paid to teachers and school employes elected by 
such board of education, which amount shall be deducted in equal 
installments from said salaries at the regular time for the pay- 
ment of such salaries, 

2. All moneys received from donations, legacies, gifts, be- 
quests, or otherwise, on account of said fund. 

3. All moneys which may be derived from any and all sources : 
Provided, however, that no tax shall ever be levied for said fund. 

4. Any public school teacher or public school employe, a part 
of whose salary is now or may hereafter be set apart to provide 
for the fund herein created by this act, may be released from the 
necessities of making further payments to said fund by filing a 
written notice of his or her desire to withdraw from complying 
with the provisions of this act, with said board of trustees, which 
said resignation shall operate and go into effect immediately upon 
its receipt by said board of trustees. [As amended by act ap- 
proved May II, 1901.] 

§2. The board of education, together with the superintendent 
of schools, and two representatives to be selected annually by the 
teachers and employes of the public schools under control of said 
board, shall form a board of trustees, a majority of whom shall 
determine the amount to be deducted from the salaries paid to 
teachers and employes as aforesaid, and shall have charge of, and 
administer said fund, and shall have power to invest the same as 
shall be deemed most beneficial to said fund, in the same manner 
and subject to the same terms and conditions as township treas- 
urers are permitted to invest school funds in article four (4) of 
an act entitled "An act to establish and maintain a system of free 
schools," in force May 4, 1889, and shall have power to make pay- 
ments from said fund of annuities granted in pursuance of this 
act, and shall from time to time make and establish such rules and 
regulations for the administration of said fund as they shall deem 
best. 

§ 3. Said board of education shall have power, by a majority 
vote of all its members, to retire any female teacher or other female 
school employe who shall have taught in public schools or ren- 
dered service therein for a period aggregating twenty years ; and 



TEACHERS*' PENSION AND EETIEEMENT FUND. 251 

any male teacher or male school employe who shall have taught 
or rendered service for a period aggregating twenty-five years, 
and such teacher or school employe also shall have the right 
after said term of service to retire and become a beneficiary under 
this act : Provided, however, that three-fifths of said term of serv- 
ice shall have been rendered by said beneficiary within the limits 
of the municipality where said board of education has jurisdic- 
tion. 

§ 4. Each teacher and school employe so retired or retiring 
shall thereafter be entitled to receive as an annuity one-half of the 
annual salary paid to said teacher or employe at the date of such 
retirement, said annuity to be paid monthly during the school year : 
Provided, however, that such annuity shall not exceed the sum of 
six hundred dollars ($600), which shall be paid by said board of 
education out of the fund created in accordance with this act in 
the manner provided by law for the payment of salaries. 

§ 5. Said board of trustees is hereby given the power to use 
both the principal and income of said fund for the payment of 
annuities hereinbefore mentioned, and shall have power to reduce, 
from time to time, the amount of all annuities : Provided, that 
such reduction shall be at the same rate in all cases. 

§ 6. The president and secretary of such board of education 
shall certify monthly to the city treasurer all amounts deducted 
from the salaries of teachers, special teachers, principals and em- 
ployes of the board of education in accordance with the provis- 
ions of this act, which amounts as well as all other moneys con- 
tributed to said fund, shall be set apart and held by said treasurer 
as a special fund for the purposes hereinbefore specified, sub- 
ject to the order of said board of education, superintendent of 
schools, and two representatives, as aforesaid, and shall be 
paid out upon warrants signed by the president and secretary 
of said board of education. 

§ 7. The city treasurer shall be custodian of said pension 
fund, and shall secure and safely keep the same subject to the con- 
trol and direction of said board of trustees, and shall keep his 
books and accounts concerning said fund in such manner as 
may be prescribed by the said board. And said books and ac- 
counts shall always be subject to the inspection of the said 
board or any member thereof. 

The treasurer shall, within ten days after his election or ap- 



252 MISCELLANEOUS ACTS, EELATIXG TO SCHOOLS, ETC. 

pointment, execute a bond to the city, with good and sufficient 
securities, in such penal sum as the said board sliall direct, to be 
approved by the said board, conditioned for the faithful perform- 
ance of the duties of his office, and that he will safely keep, and 
well and truly account for all moneys and profits which may come 
into his hands as such treasurer, and that on the expiration of his 
term of office he will surrender and deliver over to his successor 
all unexpended moneys and all property which may have come 
into his hands as treasurer of such fund. Such bond shall be 
filed in the office of the clerk of such city, and in case of a 
breach of the same or the conditions thereof, suit may be 
brought on the same in the name of said city for the use of said 
board of trustees or of any person or persons injured by such 
breach. 

§ 8. No teacher or other school employe who has been or who 
shall have been elected by said board of education shall be re- 
moved or discharged except for cause upon written charges, which 
shall be investigated and determined by the said board of educa- 
tion whose action and decision in the matter shall be final. 

If at any time a teacher or school employe who is willing to 
continue is not re-employed or is discharged before the time when 
he or she would under the provisions of this act be entitled to a 
pension, then such teacher or school employe shall be paid back 
at once all the money, with interest, he or she may have con- 
tributed under the law. 

Note. — See act providing for a school employees' pension fund, which 
repeals those portions of the foregoing act which relate to school em- 
ployees. 

Under the provisions of section 8 of the foregoing act, the board of 
education of the city of Chicago is vested with the sole power of in- 
vestigating and determining charges against teachers and other school 
employees, in which their removal is involved, but the law regulating 
the civil service of cities, in force March 20, 1895, applies in all other 
respects to offices and places of employment under said board of edu- 
cation. 

Brenan v. The People, 176 111. 620. 

Under certain rules and regulations adopted by the board of educa- 
tion of the city of Minneapolis, it was provided that one per cent, of 
the salaries of all teachers employed in the public schools should be 
deducted and paid into a fund, to be used in providing annuities for 
teachers becoming unfit for further service. . The contract of employ- 
ment entered into by the board of education with the teachers also 



PUBLIC SCHOOL EMPLOYES PENSION FDKD. 



251 



contained a provision, whereby the consent of the teacher was given 
to the deduction of such percentage from their salaries, and its appli- 
cation by the board of education to the establishment of such fund. 
Under these circumstances, the court held that the action of the board 
of education, in making provision for and compelling by contract the 
deduction of said percentage from all salaries of teachers, was not au- 
thorized by law, and was void. 

State ex rel. Jennison v. Rogers (Minn.), 91 N. W. Rep. 430. 
A statute of the state of Ohio, creating a teachers' pension fund in 
school districts in cities of the third grade of the first class, and pro- 
viding that one per cent, of the salaries paid to teachers should be de- 
ducted therefrom and applied to create such pension fund, was held to 
be unconstitutional, for the reason that it did not have a uniform 
operation throughout the State, being applicable at the time of its 
passage to the city of Toledo only, and for the further reason that it 
violated the section of the constitution of that State, providing for 
uniform taxation of property, and that it was also obnoxious to the 
constitution, because it had the effect of taking private property from 
one citizen, for the benefit of another, without his consent and against 
his will. 

Hubbard et al. v. State ex rel. Ward (Ohio), 64 N. E. Rep. 109. 



PUBLIC SCHOOL EMPLOYES PENSION FUND. 



1. Creation of fund. 

2. Employe defined. 

3. Custodian of fund. 

4. Powers and duties of trus- 

tee. 

5. Membership of board of trus- 

tees. 

6. Powers and duties of board. 

7. Annuity paid to retired em- 

ploye. 

8. Death benefit. 

9. Retirement under former 

act. 



§ 10. Contributions under former 
act. 

11. Notice of retirement. 

12. Notice of physical disability. 

13. Dismissal from the service. 

14. Certificate of deductions. 

15. Exemption of annuity. 

16. Appointment and removal 

of employes. 

17. Penalty for obstructing act. 

18. Repeal. 



An Act entitled "An act to provide for the formation and dis- 
bursement of a public school employes' pension fund in cities 
having a population exceeding one hundred thousand inhab- 
itants." [Approved May 15, 1903, in force July i, 1903.] 

Section i. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the board of 
education in cities having a population exceeding one hundred 
thousand inhabitants shall have power, and it shall be its duty, to 



254 MISCELLANEOUS ACTS, KELATING TO SCHOOLS, ETC. 

create a public school employe's pension fund, which shall con- 
sist of amounts retained from the salaries or wages of employes, 
as hereinafter provided which amounts shall be deducted in equal 
monthly installments from such salaries or wages, at the regular 
time or times of the payment thereof, and all moneys derived from 
any and all other sources whatever. 

§ 2. The term "employe" under this act shall include only engi- 
neers, janitors and office employes in the employ of said board of 
education, earning over forty-nine dollars per month, and this act 
shall apply only to those employes who voluntarily accept and 
agree to comply with its provisions. Any employe, a part of 
whose salary may be set apart hereafter to provide for the fund 
created by this act, may be released from the necessity of making 
further payments to said fund, by filling [filing] a written no- 
tice of his or her desire to withdraw from complying with the 
provisions of this act, with the board of trustees hereinafter, 
mentioned, which resignation shall operate and go into effect 
immediately upon its receipt by said board of trustees. 

§ 3. The city treasurer, subject to the control and direction of 
the board of trustees hereinafter mentioned, shall be the custodian 
of said pension fund, and shall secure and safely keep the same, 
as well as all funds in his possession heretofore contributed under 
the provisions of any law relating to the retirement or pensioning 
of public school employes, and shall keep books and accounts con- 
cerning said fund, in such manner as may be prescribed by the 
said board of trustees, which said books and accounts shall always 
be subject to the inspection of said board of trustees, or any mem- 
ber thereof. 

The city treasurer shall, within ten days after his election or 
appointment execute a bond to the city, with good and sufficient 
sureties, in which [such] penal sum as the said board of trus- 
tees shall direct, which said bond shall be approved by the said 
board of trustees, and shall be conditioned for the faithful per- 
formance of the duties of said office, and that he will safely 
keep and well and truly account for all moneys belonging to 
said pension fund, and all interest thereon, which may come 
into his hands as such treasurer, and that upon the expiration 
of his term of office, or upon his retirement therefrom for any 
cause, he will surrender and deliver over to his successor all 
unexpended moneys, with such interest as he may have re- 



PUBLIC SCHOOL EMPLOYES' PENSION FUND. 255 

ceived thereon, and all property which may have come into his 
hands as treasurer of said pension fund. Such bond shall be 
filled [filed] in the office of the clerk of said city, and in case 
of a breach of the same, or the conditions thereof, suit may 
be brought on the same in the name of the said city for the use of 
said board of trustees, or of any person or persons injured by such 
breach. 

§ 4. The board of education shall, in the month of September 
immediately following the passage of this act, arrange for the elec- 
tion of a board of trustees of said pension fund, composed of six 
members, to be chosen as hereinafter provided, which election 
shall be held not later than October 30th, of the same year. Said 
board of trustees shall have power, and it shall be its duty, to ad- 
minister said fund and to carry out the provisions of this act, and 
for the purpose of enabling such board of trustees to perform the 
duties imposed and exercise the powers granted by this act, the 
board of trustees shall be, and is hereby declared to be, a body 
politic and corporate. 

§ 5. The said board of trustees shall consist of the president 
and secretary of the board of education and four employes con- 
tributing to said fund. 

The president and secretary of the board of education shall be 
ex-oiUcio members of said board of trustees, and the other mem- 
bers shall be elected by ballot by the employes contributing to said 
fund, at the time and for the terms respectively as follows, to-wit : 
At the first election the contributors of said fund shall elect two 
of their number to serve for the term of one year, and two to 
serve for the term of two years, and annually thereafter said con- 
tributors shall elect two of their number to hold office for the 
term of two years. 

§ 6. Whenever any elective member of the board of trustees 
shall cease to be in the employ of said board of education his or 
her membership in said board of trustees shall cease. Said board 
[board] of trustees shall have power and it shall be its duty: 
(i) To determine the amount which shall be deducted from the 
salaries or wages paid to employes for the benefit of said pension 
fund: Provided, the amount of such deduction shall not be less 
than twelve dollars nor more than forty-eight dollars per year for 
each employe : And provided further, that no deduction shall be 
made from the salary or wages of any employe who received less 



256 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETtt 

than forty-nine dollars per month, nor shall any one who receives 
a salary of not less than forty-nine dollars per month participate 
in said fund. 

(2) To make all payments from said pension fund, pursuant 
to the provisions of this act. 

(3) To administer and invest in their discretion any part of 
the said pension fund remaining in the hands of said treasurer. 

(4) To pay all necessary expenses in connection with the ad- 
ministration of said fund and carrying out the provisions of this 
act for which provision is not otherwise made. 

(5) To determine the amount to be paid as benefits or an- 
nuities under this act, and to increase or reduce the same in their 
discretion : Provided, that no benefit or annuity shall exceed six 
hundred dollars per year. 

(6) To take by gift, grant or bequest, or otherwise any money 
or property of any kind, and hold the same for the benefit of said 
fund. 

(7) To purchase, hold, sell or assign and transfer any of the 
securities in which said fund, or any part thereof, may be in- 
vested. 

(8) To exempt any of said employes from the operation of 
this act, whenever in their judgment the interests of said fund 
shall render such exemption necessary and advisable. 

(9) To fill any vacancy or vacancies in said board of trustees 
untill [until] the next annual election, as hereinbefore provided. 

(10) To make and establish all such rules for the transaction 
of their business, and such other rules, regulations and by laws as 
may be necessary for the proper administration of said fund com- 
mitted to their charge and the performance of the duties imposed 
upon them. 

(11) They shall keep full and complete record of their meet- 
ings and of the receipts and disbursements on account of such 
fund, and also complete lists of all contributors to said fund, and 
of all annuitants receiving benefits therefrom, and such other rec- 
ords as in their judgment shall seem necessary, and shall make 
and publish annually a full and complete statement of their finan- 
cial transactions. 

(12) Said board shall hear and determine all applications for 
benefits under this act, and shall have power to suspend any an- 
nuity whenever, in their judgment, the disability of such bene- 
ficiary has ceased, or for other good cause. 



PUBLIC SCHOOL EMPLOYES' PENSION FUND. 257 

(13) To compromise, settle or liquidate any claim against said 
fund, by surrendering the contribution or contributions of any in- 
dividual or individuals, and make the necessary rules, prescribing 
the terms under which such settlements may be made, providing 
there shall be no rule allowing restitution of deductions from sal- 
aries after the contributor shall have become eligible to an annuity 
under this act. 

§ 7. Any contributor to said fund who shall have attained the 
age of fifty-five years, and shall have been in the service of said 
board of education for a period of ten years, and shall have con- 
tributed to said fund for the same period, shall have the right to 
retire and become a beneficiary under this act and to receive such 
benefit or annuity from said fund as shall be determined by said 
board of trustees, which said benefit or annuity shall be propor- 
tionate to the amount of the contributions of such employe. 

§ 8. Upon the death of any contributor who is not nor has 
been a beneficiary under this act, the said board of trustees may 
pay an amount not exceeding one year's benefit to the widow, if 
any, of such deceased contributor, and if there be no widow said 
board of trustees may expend said amount for the benefit of the 
minor children, if any, of such deceased contributor. 

§ 9. Any employe who has heretofore retired from service, pur- 
suant to the provisions of an act entitled "An act to provide for 
the formation and disbursement of a public school teachers' and 
public school employes' pension and retirement fund in cities hav- 
ing a population exceeding one hundred thousand inhabitants," 
approved May 31, 1895, in force July i, 1895, and has contributed 
to the fund created by said last mentioned act, shall be entitled to 
such portion of the full annuity provided for under this act as the 
board of trustees may determine. 

§ 10. All sums heretofore contributed by employes under the 
provisions of an act entitled "An act to provide for the formation 
and disbursement of a public school teachers' and public school 
employes' pension and retirement fund in cities having a popula- 
tion exceeding one hundred thousand inhabitants," approved May 
31, 1895, in force July i, 1895, shall be set apart and held by said 
city treasurer as a part of the fund created by this act, and subject 
. to the provisions of this act. 

§ II. Any person who has been an employe of said board of 
education for a period of twenty years or more, and is a con- 

17 



268 MISCELLANEOUS ACTS, EELATINU TO SCHOOLS, ETC. 

tributor to said fund, may retire from the service of said board of 
education upon sixty days' notice to be given to said board of trus- 
tees (unless such notice is waived by said board of trustees) and 
become an annuitant under this act. 

§ 12. Any person who has contributed to said fund for a period 
of ten years or more may retire from the service of said board of 
education on account of serious disability, rendering him or her 
unable to properly discharge his or her duties, upon one year's 
notice to be given to said board of trustees (unless such notice is 
waived by said board of trustees). And may become an annuitant 
under this act, and shall thereupon be entitled to receive for a 
period of two years (which may be extended upon proof of con- 
tinued disability), such part of the annuity then allowed under 
the rules of said trustees, as said trustees may determine. 

§ 13. Any employe who has been contributing to said fund for 
less than ten years, and who shall be dismissed or resign from 
the service of said board of education, may, upon application made 
within three months after the date of such dismissal or resigna- 
tion, receive one-half of the total amount paid into said fund by 
such person so dismissed. 

§ 14. The president and secretary of the board of education 
shall certify monthly to the treasurer all amounts deducted in ac- 
cordance with the provisions of this act from the salaries paid by 
the board of education, which amounts, as well as all other sums 
contributed to said fund under the provisions of this act, shall be 
set apart and held by said treasurer for the purpose hereinbefore 
specified, subject to the order of said board of trustees, and shall 
be paid out upon warrants signed by the president and secretary of 
said board of trustees. 

§ 15. All annuities granted under the provisions of this act 
shall be exempt from attachment and garnishment process, and 
no annuitant shall have the right to transfer or assign his or her 
annuity, either by way of mortgage or otherwise. 

§ 16. All elections or appointments of employes by said board 
of education shall be made pursuant to the provisions of an act 
entitled "An act to regulate the civil service of cities," approved 
and in force March 20, 1895, such election or appointment to be 
permanent during efficiency and good behavior, and no employe 
who has contributed to said fund shall be removed or discharged, 
except for cause, upon written charges, which shall be investigated 



NUMBERING SCHOOL DISTKICTS. 259 

and determined by the board of education, whose action and 
decision in the matter shall be final. 

§ 17. Any person who shall, directly or indirectly avoid or [to] 
seek to avoid any or all of the provisions of this act, or who shall 
directly, or indirectly, interfere with or obstruct the enforcement 
of any of the provisions of this act, shall be guilty of a misde- 
meanor, and shall on conviction thereof be punished by a fine of 
not less than fifty dollars and not exceeding one thousand dollars, 
or by imprisonment in the county jail for a term not exceeding 
six months, or both such fine or imprisonment in the discretion of 
the court. 

§ 18. All laws and parts of laws which are inconsistent with 
this act, or any provisions thereof, are hereby repealed. 

NUMBERING SCHOOL DISTRICTS. 



8 1. Numbering districts. 

2. County superintendents. 

3. Township trustees — E s t a b- 

lishment of boundaries. 



4. County clerk to number dis- 

tricts — Returns of assess- 
ors. 

5. Repeal. 



An Act to provide for numbering consecutively all school dis- 
tricts in each county in the State, and for numbering school 
districts which lie in two or more counties. [Approved May 
10, 1901, in force July i, 1901.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all school districts 
shall be numbered consecutively in each county, beginning with 
number one, and each shall be designated as school district num- 
ber , county of and State of Illinois, and such designa- 
tion shall be for all purposes for which school districts are now 
designated by number, township and range, or otherwise; and 
when any district lies in two or more townships or ranges, or in 
two or more counties, such district, as a whole, shall have only one 
immber in the consecutive list : 

§ 2. It shall be the duty of the county superintendent of schools 
to prepare a map of his county on a scale of not less than two 
inches to the mile, and to clearly indicate thereon the boundary 
lines of all school districts, as established, and to plainly number 
such districts in consecutive order ; and in case of districts com- 
posed of parts of two or more counties, the county superintend- 



260 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

ents of such counties shall agree upon the number to be given 
such districts, which shall not be a duplicate of any number in 
either of such counties. 

§ 3. The county superintendent shall furnish to township 
school treasurers a list of districts in his township, giving the 
former number of the respective districts and the consecutive 
number thereof, as made upon the map of the county, and the 
county superintendent shall be authorized to demand of the board 
of trustees of townships, certified copies of maps and records of 
school districts, as organized ; and in case of discrepancies or de- 
fects in defining the boundaries of school districts, the county su- 
perintendent or superintendents of two or more counties, in case 
of districts in two or more counties, acting jointly, shall be au- 
thorized to define such boundaries to conform to what may appear 
^o have been the intention of the trustees when such boundaries 
were established ; and when so defined by the county superintend- 
ent or superintendents, acting jointly for two or more counties, 
such boundaries, so defined, shall stand until changed, as provided 
by law. 

§ 4. The county clerk of each county shall number the school 
districts on the maps in his office to correspond with the numbers 
of districts .as established by this act, and shall use such numbers 
in computing and reporting school taxes, as required by law. As- 
sessors shall return their assessments of each person's assessment 
of personal property by such consecutive numbers. 

§ 5. All acts or parts of acts in conflict herewith are hereby 
repealed. 



FLAG LAW. 



§ 1. On court houses. 
2. On penal and reformatory, 
State educational and State 
charitable institutions. 



3. On public school buildings. 

4. Payment for the flags. 

5. Penalty. 

6. Repeal of former acts. 



An Act to provide for placing United States national flags on 
school houses, court houses and other public buildings in this 
State, and to repeal certain acts therein named. [Approved 
June 2, 1897, in force July i, 1897.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be the duty 
of the board of supervisors in counties under township organiza- 



FLAG LAW. 261 

tion, and the board of commissioners in counties not under town- 
ship organization, to provide United States national flags of not 
less than four by eight feet in size, to be unfurled and kept float- 
ing from a suitable flag staff to be placed on the top of the court 
house in their respective counties, and it is hereby made the duty 
of the sheriff of each and every county in the State to see that the 
flag so provided shall be hoisted on its flag staff above the court 
house and kept floating from eight o'clock a. m. to five o'clock 
p. m. on each and every legal holiday of the year, and on such 
other days as the board of supervisors or the board of county com- 
missioners may direct. 

§ 2. The commissioners or trustees of all penal and reforma- 
tory. State educational and State charitable institutions of this 
State shall provide United States national flags of not less than ten 
by twenty feet in size, and cause the same to be unfurled and kept 
floating above the said penal and reformatory. State educational 
and State charitable institutions, or on a suitable flag pole from 
eight o'clock a. m. to five o'clock p. m. on each and every legal 
holiday in the year, and on such other days as the commissioners 
or trustees may determine. 

§ 3. The directors or board of education of every school dis- 
trict in the State of Illinois shall have power to cause to be erected 
and to keep in repair upon all public school houses or within the 
school grounds surrounding such public school buildings which 
may be in their respective school districts, a good and sufficient 
flag staff or pole, together with all necessary adjustments, and 
that they shall provide a United States national flag of not less 
than four by eight feet in size, which shall be floated from such 
flag staff or pole during the school hours of such days as the di- 
rectors or board of education may determine : Provided, that the 
flag shall not be hoisted on any court house. State institution or 
public school building during any day when a violent storm or 
inclement weather would destroy or materially injure such flag, 

§ 4. The flags used by any and all State institutions, as pro- 
vided for in this act, shall be paid for out of the funds appropriated 
for the running expenses of said institutions, the same as other 
necessary supplies are bought and paid for, and the flags for use 
over court houses and public school buildings are hereby declared 
to be necessary supplies, and may be paid for out of the public 
funds of the respective counties or school districts. 



S62 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

§ 5. Any person or persons who shall wilfully injure, deface 
or destroy any flag, flag staff or pole, or adjustments attached 
thereto, erected and arranged for the purpose of carrying out the 
requirements of this act, shall be deemed guilty of a misde- 
meanor, and upon conviction shall be fined not less than one (i) 
dollar nor more than fifteen (15) dollars. 

§ 6. That an act entitled, "An act to provide for placing the 
United States national flags on school houses, court houses and 
other buildings in the State,'"' became a law June 26, 1895, in force 
July I, 1895 ; and an act entitled, "An act to require the United 
States flag to be placed upon all public buildings in Illinois, or 
upon a flag pole erected within the school grounds surrounding 
such school buildings," became a law June 26, 1895, in force July i, 
1895, be and the same are hereby repealed. 



PRINTING THE PROCEEDINGS OF THE STATE TEACHERS ASSOCIA- 
TION. 



§ 1. Secretary of State to print 
proceedings. 



§ 2. Superintendent of Public In- 
struction to approve copy. 
3. How paid. 



An Act to authorise the Secretary of State to print the proceed- 
ings of the State Teachers' Association. [Approved May 11, 
1901, in force July i, 1901.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Secretary of State 
is hereby authorized and empowered to have the proceedings of 
the Illinois State Teachers' Association printed and bound on the 
same terms as the proceedings of other State boards are printed. 

§ 2. It shall be the duty of the State Superintendent of Public 
Instruction to approve the manuscript of said proceedings before 
it is placed in the hands of the Secretary of State to be printed. 

§ 3. It is hereby made the duty of the Auditor of Public Ac- 
counts to draw his warrant on the State Treasurer, to be paid out 
of the appropriation for printing, upon a voucher properly certi- 
fied to by the board of Commissioners of State Contracts. 



KINDEEGARTEN SCHOOLS. 263 



KINDERGARTEN SCHOOLS. 



1. School districts may estab- 
lisli kindergarten schools. 



§ 2. Teachers' certificates. 



An Act authorising school districts managed by boards of educa- 
tion and directors to establish and maintain kindergarten 
schools. [Approved April 17, 1895, in force July i, 1895.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in addition to other 
grades or departments now established and maintained in the 
public schools of the State, any school district managed by a 
board of education or a board of directors is hereby empowered, 
when authorized by a majority of all the votes cast at an elec- 
tion for that purpose, such election to be called and held in ac- 
cordance with the provisions of article IX of an act entitled, 
"An act to establish and maintain a system of free schools," 
approved and in force May 21, 1889, to establish in connection 
with the public schools of such district, a kindergarten or kin- 
(fergartens for the instruction of children between the ages of 
four and six years, to be paid for in the same manner as other 
grades and departments now established and maintained in the 
public schools of such district. No money accruing to such 
district from the school tax fund of the State shall be used to 
defray the tuition or other expenses of such kindergarten, but 
the same shall be defrayed from the local tax and the special 
school revenue of said district. 

§ 2. All teachers in kindergartens established under this act 
shall hold a certificate issued as provided by law, certifying that 
the holder thereof has been examined upon kindergarten prin- 
ciples, and is competent to teach the same. 



20i MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 



CLASSES FOR DEAF CHILDREN IN THE PUBLIC SCHOOLS. 



1. Instruction for deaf children. 

2. Report to State Superintend- 

ent. 



§ 3. County superintendent to dis- 
tribute funds. 

4. Time of distribution. 

5. Teachers appointed. 



An Act authorizing school districts managed hy hoards of educa- 
tion or directors to establish and maintain classes for the deaf 
in the public schools, and authorizing payment therefor from^ 
State common school funds. [Approved June ii, 1897, in 
force July i, 1897.] 

Section i. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That upon application by a 
board of education or directors of any school district of the State 
to the State Superintendent of Public Instruction, he shall 
grant permission to such board of education or directors, and 
such board of education or directors shall thereupon be em- 
powered to maintain as part of a public school, within its 
limits, one or more classes, having an average attendance of 
not less than three pupils, for the instruction of deaf persons 
over the age of three and under twenty-one years, residents of 
the State of Illinois. 

§ 2. Such board of education or directors which shall maintain 
one or more classes for the instruction of the deaf shall report to 
the State Superintendent of Public Instruction annually, and as 
often as said State Superintendent shall direct, such facts con- 
cerning such class or classes as he may require. 

§ 3. The county superintendent of schools in each county is 
hereby authorized and directed to apportion and pay out of the 
State common school fund received by such county, to the treas- 
urer or other financial officer of such board of education or di- 
rectors maintaining such class or classes for the instruction of the 
deaf, the sum of one hundred and fifty dollars for each deaf pupil, 
resident of such county, instructed in any such class for at least 
nine months during the school year, and a share of such sum pro- 
portionate to the term of instruction of any such pupil as shall be 
so instructed less than nine months during such year. If no such 
class shall be maintained in a public school in any county, but per- 
sons residing in such county shall attend such class in an adjoin- 
ing county with the permission of the county superintendent oi 



PHYSIOLOGY AND HYGIENE. 265 

the county not maintaining such class, then said superintendent 
shall pay to the financial officer of the board of education or di- 
rectors of the district maintaining such class the amount above 
specified for each pupil attending such class in such other county. 

§ 4. The sums provided in the next preceding section shall be 
paid by such county superintendent of schools as soon as may be 
after the receipt by him of the State common school fund in each 
year, upon satisfactory proof being made to him by the president 
and the secretary or clerk of such board of education or directors 
maintaining such class, of the number of pupils instructed in such 
class or classes, and their residences, and the period of time each 
such pupil shall have been so instructed in such class or classes 
for the preceding school year. 

§ 5. All teachers in such classes shall be appointed by the State 
Superintendent of Public Instruction upon applicaton of the board 
of education or directors of the school district maintaining such 
class or classes ; the State Superintendent of Public Instruction to 
have the power to remove such teachers for cause. No person 
shall be appointed to teach any such class who shall not have first 
obtained a teacher's certificate, as provided by law, and who shall 
not have received specific instruction in the teaching of the deaf 
for a term of not less than one year. 



PHYSIOLOGY AND HYGIENE. 



§ 1. Teaching effects of alcoholic 
drinks, etc. 



2. Instruction in normal schools, 
institutes, etc. 



An Act to amend "An act relating to the study of physiology and 
hygiene in the public schools," approved June i, i88p, in force 
July I, i88p. [Approved June 9, 1897, in force July i, 1897. J 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That "An act relating to 
the study of physiology and hygiene in the public schools," ap- 
proved June I, 1889, in force July i, 1889, be amended so as to 
read as follows : 

That the nature of alcoholic drinks and other narcotics and 
their effects on the human system shall be taught in connection 
with the various divisions of physiology and hygiene as thoroughly 
as are other branches in all schools under State control, or sup- 



26G MISCELLANEOUS ACTS; EELATING TO SCHOOLS, ETC. 

ported wholly or in part by public money, and also in all schools 
connected with reformatory institutions. 

All pupils in the above mentioned schools below the second year 
of the high schools and above the third year of school work, 
computing from the beginning- of the lowest primary year, or in 
corresponding classes of ungraded schools, shall be taught and 
shall study this subject every year from suitable text-books in the 
hands of all pupils, for not less than four lessons a week for ten 
or more weeks of each year, and must pass the same tests in this 
as in other studies. 

In all schools above mentioned all pupils in the lowest three 
primary school years, or in corresponding classes in ungraded 
schools, shall each year be instructed in this subject orally for not 
less than three lessons a week for ten weeks in each year, by 
teachers using text-books adapted for such oral instruction as a 
guide and standard. 

The local school authorities shall provide needed facilities and 
definite time and place for this branch in the regular course of 
study. 

The text-books in the pupils' hands shall be graded to the ca- 
pacities of the fourth year, intermediate, grammar and high school 
pupils, or to corresponding classes as found in ungraded schools. 

For students below high school grade such text-books shall give 
at least one-fifth their space, and for students of high school grade 
shall give not less than twenty pages to the nature and effects of 
alcoholic drinks and other narcotics. The pages on tliis subject, 
in a separate chapter at the end of the book, shall not be counted 
in determining the minimum. 

§ 2. In all normal schools, teachers' training classes and teach- 
ers' institutes, adequate time and attention shall be given to in- 
struction in the best methods of teaching this branch, and no 
teacher shall be licensed who has not passed a satisfactory exam- 
ination in this subject and the best methods of teaching it. 

Any school officer or officers who shall neglect or fail to comply 
with the provisions of this act shall forfeit and pay for each offense 
the sum of not less than $5 nor more than $25. 



COMPULSORY EDUCATION. 267 



COMPULSORY EDUCATION. 



1. Children to attend scliool. 

2. Penalty for violation. 

3. Truant officers — Duties. 



§ 4. Penalty for false statement 

5. Fines — How recovered. 

6. Repeal. 



"Statutes making it compulsory upon the parent, guardian or other 
person having the custody and control of children to send them to 
public or private schools for longer or shorter periods during certain 
years of the life of such children, have not only been upheld as strictly 
within the constitutional power of the legislature, but have generally 
been regarded as necessary to carry out the express purposes of the con- 
stitution itself." 

State V. Bailey (Ind.), 59 L. R. A. 437. 

An Act to promote attendance of children in schools and to pre- 
vent truancy, approved June ii, i8p^. [In force July i, 
1897.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every person having 
control of any child between the ages of seven (7) and four- 
teen (14) years, shall annually cause such child to attend some 
public or private school for the entire time during which the 
school attended is in session, which period shall not be less than 
one hundred and ten days of actual teaching : Provided, that this 
act shall not apply in any case where the child has been or is being 
otherwise instructed for a like period of time in each and every 
year in the elementary branches of education, by a person or per- 
sons competent to give such instruction ; or whose physical or 
mental condition renders his or her attendance impracticable or 
inexpedient, or who is excused for temporary absence for cause 
by the principal or teacher in charge of the school which said 
child attends. [As amended by act approved May 13, 1903.] 

§ 2. For every neglect of such duty prescribed by section i 
of this act, the person so offending shall forfeit to the use of the 
public schools of the city, town or district in which such child re- 
sides, a sum not less than five dollars ($5) nor more than twenty 
dollars ($20), and costs of suit, and shall stand committed until 
such fine and costs of suit are fully paid. [As amended by act 
approved May 13, 1903.] 

§ 3. The board of education in cities, towns, villages and 
school districts, and the board of school directors in school dis- 



268 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

tricts, shall appoint at the time of appointment or election of 
teachers each year, one or more truant officers whose duty it shall 
be to report all violations of this act to said board of education or 
board of directors and to enter complaint against and prosecute 
all persons who shall appear to be guilty of such violation. It shall 
also be the duty of said truant officers so appointed, to arrest any 
child of school going age that habitually haunts public places and 
has no lawful occupation, and also any truant child who absents 
himself or herself from school, and to place him or her in charge 
of the teacher having charge of any school which said child is by 
law entitled to attend, and which school shall be designated to said 
officer by the parent, guardian or person having control of said 
child. In case such parent, guardian or person shall designate a 
school without making or having made arrangements for the re- 
ception of said child in the school so designated, or in case he re- 
fuses or fails to designate any school, then such truant officer shall 
place such child in charge of the teacher of the public school. And 
in shall be the duty of said teacher to assign said child to the 
proper class, and to instruct him or her in such studies as he or 
she is fitted to pursue. The truant officers so appointed shall be 
entitled to such compensation for services rendered under this act 
as shall be determined by the boards appointing them, and which 
compensation shall be paid out of the distributable school fund : 
Provided, that nothing herein contained shall prevent the parent, 
guardian or person having charge of such truant child, which has 
been placed in any school by the truant officer, to thereafter send 
said child to any other school which said child is by law entitled to 
attend. 

§ 4. Any person having control of a child, who, with intent to 
evade the provisions of this act, shall make a false statement con- 
cerning the age of such child or the time such child has attended 
school, shall for such offense forfeit a sum of not less than three 
dollars ($3) nor more than twenty dollars ($20), for the use of 
the public schools of such city, town, village or district. [As 
amended by act approved May 13, 1903.] 

§ 5. Any fine and penalty mentioned in this act may be sued 
for and recovered before any court of record or justice of the 
peace of the proper county in the name of the people of the State 
of Illinois for the use of the public schools of the city, town, vil- 
lage or district in which said child resides. 



MANUAL TEAINIXG DEPARTMENTS FOE HIGH SCHOOLS. 269 

§ 6. An act entitled "An act concerning the education of chil- 
dren," approved June 19, 1893, in force July i, 1893, is hereby re- 
pealed. 

NOTICE XrKDEB ABOVE lAW. 

Board of Education of the City of , 

Department of Compulsory Education. 

. 19— 

To , 

You are hereby notified that in accordance with the provisions of an 
act of the General Assembly of the State of Illinois, entitled "An act 
to promote attendance of children in schools and to prevent truancy," 
in force July 1, 1897, as amended by act in force July 1, 1903, it is your 
duty to cause a certain child under your control between the ages of 

seven and fourteen years, named , to attend some public or 

private school for the entire time during which such school is in ses- 
sion, which period shall not be less than one hundred and ten days of 
actual teaching. 

As you have heretofore failed to cause said child under your control 

to attend such school from the day of , 19 — , the beginning 

of the present school year, you are, therefore, now and hereby notified 
to cause said child to attend some public or private school, as required 

by said law, such attendance to commence on , the day of , 

19 — , and that such attendance must continue for the entire time dur- 
ing which such school is in session, which period must not be less than 
one hundred and ten days of actual teaching. 

A copy of said law is herewith handed you, and your attention is 
called to the penalties indicated for neglect of duty on your part. 

By order of the Board of Education of the City of . 

(Signed) -. , 

Superintendent of Compulsory Education. 



MANUAL TRAINING DEPARTMENTS FOR HIGH SCHOOLS. 



1. Election. 

2. Ballots for such election. 



§ 3. Establishment of training de- 
partment. 



An Act to provide for the establishment and maintenance of man- 
ual training departments for high schools. [Approved June 3, 
1897, in force July i, 1897.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon the petition of 
not less than fifty voters of any high school district, filed with the 
township treasurer at least fifteen days preceding the regular elec- 



270 MISCELLANEOUS ACTS, KELATING TO SCHOOLS, ETC. 

tion of members of the board of education for said high school dis- 
trict, it shall be the duty of said treasurer to notify the voters of 
said district that an election "For" or "Against" the establishment 
of a manual training department for said high school will be held 
at the next annual election of the board of education by posting 
notices of such election in at least ten of the most public places 
throughout the township for at least ten days before the day of 
such regular election, which notice may be in the following form : 

HIGH SCHOOL ELECTION. 

Notice is hereby given that on Saturday, the day of April, 

A. D. , an election will be held at for the purpose of 

voting "For" or "Against" the proposition to establish a manual 

training department for the high school in township No. , 

range No. . The polls for said election will be opened at 

o'clock and close at o'clock of said day. 



Township Treasurer. 

§ 2. The ballots for such election shall be received and can- 
vassed as in other elections, and may have on them the names of 
the board of education voted for at said election. 

§ 3. If a majority of the votes cast at such election shall be in 
favor of establishing a manual training department for the high 
school in said district, it shall be the duty of the board of education 
to establish and maintain therein such department as a part of the 
high school. 



PARENTAL SCHOOLS. 



271 



PARENTAL SCHOOLS. 



§ 1. Establishment of parental 
schools in Chicago. 

2. Locating site, providing 

buildings, etc. 

3. Employment of superintend- 

ent, teachers, etc. — Duties 
of board. 

4. Religious exercises. 

5. Duties of the truant officer 

or agent — Procedure for 
commitment. 

6. Issuance of writ — Notice to 

parent or guardian. 

7. Clothing furnished by the 

board in case of failure 



of parent or guardian to 
do so. 
8. Parole of children to attend 
other schools. 
9. Monthly report from person 
in charge of school at- 
tended by any paroled 
child — Final discharge. 

10. Penalty for violations of 

parole. 

11. Court may commit to juve- 

nile reformatory. 

12. Establishment of school in 

certain cities upon vote of 
the people. 



An Act to enable hoards of education or hoards of school trustees 
to estahlish and maintain parental or truant schools. [Ap- 
proved April 24, 1899, in force July i, 1899.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in cities having a pop- 
ulation of 100,000 inhabitants or more, there shall be established, 
maintained and conducted, within two years from the date of tak- 
ing effect of this act, one or more parental or truant schools for 
the purpose of affording a place of confinement, discipline, in- 
struction and maintenance of children of compulsory school age 
who may be committed thereto in the manner hereinafter pro- 
vided. 

§ 2. For the purpose of establishing such school or schools, 
sites may be purchased and buildings constructed or premises 
rented in the same manner as is provided for in the case of public 
schools in such cities ; but no such school shall be located at or 
near any penal institution. And it shall be the duty of the board 
of education to furnish such schools with such furniture, fixtures, 
apparatus and provisions as may be necessary for the maintenance 
and operation thereof. 

§ 3. The board of education may also employ a superintendent 
and all other necessary officers, agents and teachers ; and shall pre- 
scribe the methods of discipline and the course of instruction ; and 
shall exercise the same powers and perform the same duties as is 
prescribed by law for the management of other schools. 



272 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

§ 4. No religious instruction shall be given in said school ex- 
cept such as is allowed by law to be given in public schools ; but 
the board of education shall make suitable regulation so that the 
inmates may receive religious training in accordance with the be- 
lief of the parents of such children, either by allowing religious 
services to be held in the institution or by arranging for attend- 
ance at public service elsewhere. 

§ 5. It shall be the duty of any truant officer or agent of such 
board of education to petition, and any reputable citizen of the 
city may petition, the county or circuit court of the county, to in- 
quire into the case of any child of compulsory school age who is 
not attending school, and who has been guilty of habitual truancy, 
or of persistent violation of the rules of the public school, and the 
petition shall also state the names, if known, of the father and 
mother of such child, or the survivor of them; and if neither 
father nor mother of such child is living, or can not be found in 
the county, or if their names can not be ascertained, then the name 
of the guardian if there be one known ; and if there be a parent 
living whose name can be ascertained, or a guardian, the petition 
shall show whether or not the father or mother or guardian con- 
sents to the commitment of such child to such parental or truant 
school. Such petition shall be verified by oath upon the belief of 
the petitioner, and upon being filed the judge of the county or 
circuit court shall have such child named in the petition brought 
before him for the purpose of determining the application in said 
petition contained. But no child shall be committed to such school 
who has ever been convicted of any offense punishable by con- 
finement in any penal institution. 

§ 6. Upon the filing of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring such 
child before the court, and if the court shall find that the material 
facts set forth in the petition are true, and if, in the opinion of the 
court, such child is a fit person to be committed to such parental 
or truant school, an order shall be entered that such child be com- 
mitted to such parental or truant school, to be kept there until he 
or she arrives at the age of fourteen years unless sooner discharged 
in the manner hereinafter set forth. Before the hearing aforesaid 
notice in writing shall be given to the parent or guardian of such 
child, if known, of the proceedings about to be instituted, that 
he or she may appear and resist the same if they so desire. 



PARENTAL SCHOOLS. 273 

§ 7. It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his or 
her entry into such school and from time to time thereafter as it 
may be needed, upon notice in writing from the superintendent 
or other proper officer of the school. In case any parent or guard- 
ian shall refuse or neglect to furnish such clothing, the same may 
be provided by the board of education, and such board may have 
an action against such parent or guardian of said child to recover 
the cost of such clothing with lo per cent, additional thereto. 

§ 8. The board of education of such city shall have power to 
establish rules and regulations under which children committed to 
such parental or truant school may be allowed to return home 
upon parole, but to remain while upon parole in the legal custody 
and under the control of the officers and agents of such school, 
and subject at any time to be taken back within the enclosure of 
such school by the superintendent or any authorized officer of said 
school except as hereinafter provided ; and full power to enforce 
such rules and regulations to retake any such child so upon parole 
is hereby conferred upon said board of education. No child shall 
be released upon parole in less than four weeks from the time of 
his or her commitment, nor thereafter until the superintendent of 
such parental or truant school shall have become satisfied from the 
conduct of such child that, if paroled, he or she will attend 
regularly the public or private school to which he or she may 
be sent by his or her parents or guardian and shall so certify 
to the board of education. 

§ 9. It shall be the duty of the principal or other person hav- 
ing charge of the school to which such child so released on parole 
may be sent to report at least once each month to the superintend- 
ent of the parental or truant school, stating whether or not such 
child attends school regularly and obeys the rules and require- 
ments of said school ; and if such child so released upon parole 
shall be regular in his or her attendance at school and his or her 
conduct as a pupil shall be satisfactory for a period of one year 
from the date which he or she was released on parole, he or she 
shall then be finally discharged from the parental or truant school, 
and shall not be recommitted thereto except on petition as here- 
inbefore provided. 

§ 10. In case any child released from said school upon parole, 
as hereinbefore provided, shall violate the conditions of his or her 
18 



274 MISCELLANEOUS ACTS, EELATi:^TG TO SCHOOLS, ETC. 

parole at any time within one year thereafter, he or she shall upon 
the order of the board of education, as hereinbefore provided, be 
taken back to such parental or truant school and shall not be again 
released upon parole within the period of three months from the 
date of such re-entering; and if he or she shall violate the condi- 
tions of a second parole he or she shall be recommitted to such 
parental or truant school and shall not be released therefrom on 
parole until he or she shall remain in said school at least one year. 

§ II. In any case where a child is found to be incorrigible and 
his or her influence in such school to be detrimental to the interests 
of the other pupils, the board of education may authorize the su- 
perintendent or any officer of the school to represent these facts 
to the circuit or county court by petition, and the court shall have 
authority to commit said child to some juvenile reformatory. 

§ 12. Boards of education in cities having a population of over 
25,000 and less than 100,000 may establish, maintain and operate a 
parental or truant school for the purposes hereinbefore speci- 
fied, and in case of the establishment of such a school, the 
boards of education shall have like power in their respective 
cities as herebefore [hereinbefore] expressed : Provided, that 
no board of trustees or board of education under this section 
shall put this law into effect until submitted to a vote of the 
people and adopted by a majority vote at some general election. 

Note. — The following forms suggested for use in connection with, 
the foregoing law are based upon those now in use in the city of Chi- 
cago: 

FOKM OF PEINCIPAL'S EEPORT AND PETITION 

Board of Education, City of . 

Department of Compulsory Education. 



PARENTAL SCHOOL CASK 



principal's petition recommending commitment of habitual truants and 
incoerigibles to the parental school. 

Principal, . 

School, . 

"Oate of report, . 

To be sent to , Superintendent of Compulsory Education. 

1. Name of child, . 

2. Address, . 

3. Sex, . 



PARENTAL SCHOOLS. 275 

4. Age: [Give date and place of birth, if known.] Years, ; months, 

5. Offense: (Habitual truancy or incorrigible conduct.) ^. 

6. Date of last offense, . 

7. Name of parent, . 

8. Occupation of parent, . 

9. Nationality of parent, . 

10. Creed of parents (in order that the same may be respected at the 

Parental School): Father, ; mother, . 

11. Have parents been indifferent about school attendance of child? . 

12. Has the child been reported to truant officer more than once ? . 

13. Has the child ever been arrested, or taken into court as a delinquent? 

14. Has the child ever been an inmate of any reform institution ? . 

15. If so, which one? . 

16. Record of attendance at school. [Number of days during present school 

year.] 

17. Grade, . Deportment in school : [Good or bad.] 

CHARACTERISTICS. 

(This information is for the benefit of the Superintendent of the Parental 
School, to be used in an endeavor to reform the child, if committed. ) 

Unruly or obedient? Stubborn or yielding? 

Dull or bright ? Lazy or energetic ? 

Generous or selfish? Slovenly or neat? 

Ill-tempered or amiable ? Untruthful or truthful ? 

Best work is in . Poorest work is in . 

Has he ever been suspended? If so, when, and for what cause? 

Are parents able to furnish clothing for child, at Parental School? . 

Date of last vaccination, . 

HISTORY OF CASE. 

Remarks: 



and I therefore recommend that this child be referred to the Circuit Court 

of County, Illinois, for commitment to the Parental School or some 

corrective institution. , Principal. 

FORM OF TETJANT OFFICER'S REPORT. 

Board of Education, City of . 

TRUANT officer's SPECIAL REPORT. 

To be sent to Superintendent of Compulsory Education, in instances where 
truant officer's efforts to place children in school have been harassed by 



276 MISCELLANEOUS ACTS, EELATING TO SCHOOLS, ETC. 

cases of habitual truancy, delinquent children, parental indifference, extreme 
poverty, etc. 

Child's name and address, , . 

Offense, . Date' of last offense, . 

Child's age, . Sex, . School, . 

Name of father or head of family, . Occupation, . 

Name of mother, . Occupation, . 

Nationality and creed of father, , . Nationality and creed of 

mother, , . 

Are parents able to furnish proper clothing for child ? . 

Is the parent indifferent about child's school attendance? . 

Has the child ever been arrested? . If so, state cause of arrest. . 

Do parents consent or object to child's commitment to Parental School? 

History of case: . 

-, 19—. , Truant Officer. 

Truant officers will recommend, in above report, what they believe would 
be the most effective plan for the superintendent to adopt for the reform of 
the offender. 

FOKM OF PETITION TO COUST. 

State of Illinois, \ In Circuit Court of County, 

County. J * The Juvenile Court. 

Term, 19—. 

To the Honorable , 

Judge of the Circuit Court of County: 

Your petitioner, , a responsible person, and resident of said 

county for one year next preceding the time of presenting this peti- 
tion, respectfully represents unto your honor that , a boy of 

about the age of years and months, on or about , 19 — , 

now within the sai& county, is a truant person in this: that he, the 
said boy, habitually and wilfully absents himself from school in the 

city of , without the consent of the teacher or principal of the 

school where his name is enrolled, and that on the day of , 

he was truant from the school, the same being a school in the city 

of , where said boy's name has been enrolled as a pupil by author- 
ity of his parent. The parent of the boy hereinbefore mentioned does 

consent to said boy's commitment to a corrective institution 

known as the Parental School, maintained by the board of education 
of the city of , for the care and custody of truant children. 

Your petitioner therefore humbly prays this honorable court to in- 
quire into the alleged truancy of said boy and of the truth of the mat- 
ters herein contained, in pursuance of the statute in such case made 
and provided; and make such order in the premises as to this honor- 
able court may seem meet and proper in the premises, and as in duty 
bound your petitioner will ever pray, etc. 



PARENTAL SCHOOLS. 277 

.Lnrois, 1 „_ 
County of 



State of iLLnrois, ) 



, being duly sworn, says that he has read the above petition 

by him signed, and knows the contents thereof, and that the same is 
true according to the best of his knowledge and belief. 

Subscribed and sworn to before me this 

day of , 19—. 

, Clerk. 

STATEMENT OF HISTOEY OF CASE. 

(To be filed with petition.) 

To the Honorable Judge of the Circuit Court of County, Illinois: 

Name of child, . Age, years, — — months. 

Address of parent, . 

Father's name, . 

Father's nationality, . 

Father's creed, . 

Mother's name, . 

Mother's nationality, . 

Mother's creed, . 

Father's occupation and income, . 

Mother's occupation and Income, . 

Legal guardian, if any, . 

Address, — < — , 

Reported from school. Principal, . 

Remarks and Recommendations: Your petitioner respectfully repre- 
sents unto your honor, that the boy hereinbefore mentioned absents 
himself habitually and wilfully, without just cause, from school in the 

city of , and that the principal of the school aforesaid has reported 

his name for truancy and misconduct on more than three different 
occasions during the present school term, to the compulsory education 

department of the board of education of ; and your petitioner would 

respectfully recommend that said boy be committed to some corrective 
institution. 

, Petitioner. 

FORM OF NOTICE. 

State op Illinois,") Circuit Court of County, 

County of . j Juvenile Court Eoom. 

To : 

You are hereby notified that a petition has been filed in the office of 

the clerk of said court setting forth that is a truant boy who 

habitually absents himself from school. 

You are further notified that the matter of said petition will be called 

up before the Honorable , judge of said court, at room in 

the court house, in , for hearing, trial, and such disposition as may 

be proper in the premises, on , the day of , A. D. 19 — , at 



278 



MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 



the hour of o'clock — M., or as soon thereafter as the matter can 

be heard, when and where you may appear and resist the same if you 
see fit. 
Bring the toy with you at the time and place herein mentioned. 

, being duly sworn, upon oath says that on the day of 

— — , A. D. 19 — , he served the within notice upon , by deliver- 
ing a copy of said notice to said =— . 

Subscribed and sworn to before me this 

day of , A. D. 19—. 

, Clerk. 



JUVENILE COURT ACT. 



g 1. Definitions and scope of act. 

2. Jurisdiction of circuit and 

county courts. 

3. Establishment of juvenile 

court. 

4. Petition. 

5. Summons issued. 

6. Appointment of probation of- 

ficers. 

7. Children under sixteen 

years. 

8. Guardianship. 

9. Disposition of children. 

10. Cases before justices and 

police magistrates. 

11. Children under twelve years. 



12. Juvenile reformatories and 
their agents. 

Visitation by State Commis- 
sioners of Charities. 

Articles of incorporation to 
be approved. 

Adoption of dependent chil- 
dren. 

Foreign corporations. 

Religious beliefs. 

18. Boards of visitors. 

19. Powers of court. 
Schools not affected by this 

act. 
Construction. 
Support of children. 



13. 
14. 
15. 

16. 

17. 



An Act to regulate the treatment and control of dependent, neg- 
lected and delinquent children. [Approved April 21, 1899, 
in force July i, 1889.] 

Section i. This act shall apply only to children under the 
age of sixteen ( 16) years, not now or hereafter, inmates of a state 
institution, or any training school for boys or industrial school 
for girls, or some institution incorporated under the laws of this 
State, except as provided in sections twelve (12) and eighteen 
(18). For the purpose of this act the words "dependent child" 
and "neglected child" shall mean any child who for any reason is 
destitute or homeless or abandoned ; or dependent upon the pub- 
lic for support ; or has not proper parental care or guardianship ; 
or who habitually begs or receives alms ; or who is found living 



JUVENILE COUKT ACT. 279 

in any house of ill fame or with any vicious or disreputable per- 
sons, or whose home, by reason of neglect, cruelty or depravity 
on the part of its parents, guardian or other person in whose care 
it may be, is an unfit place for such a child ; and any child under 
the age of ten (lo) years who is found begging, peddling or sell- 
ing any article, or singing or playing any musical instrument upon 
the street, or giving any public entertainment, or who accompanies 
or is used in aid of any person so doing. The words "delinquent 
child" shall include any child under the age of sixteen (i6) years 
who violates any law of this State or any city or village ordinance ; 
or who is incorrigible ; or who knowingly associates with thieves, 
vicious or immoral persons ; or who is growing up in idleness or 
crime ; or who knowingly frequents a house of ill fame ; or who 
knowingly patronizes any policy shop or place where any gaming 
device is, or shall be operated. The word "child" or "children" 
may mean one or more children, and the word "parent" or "par- 
ents" may be held to mean one or both parents, when consistent 
with the intent of this act. The word "Association" shall include 
any corporation which includes in its purposes the care or dis- 
position of children coming within the meaning of this act. [As 
amended by act approved May ii, 1901. In force July i, 190 1.] 

§ 2. The circuit and county courts of the several counties in 
this State, shall have original jurisdiction in all cases coming 
within the terms of this act. In all trials under this act any person 
interested therein may demand a jury of six or the judge of his 
own motion may order a jury of the same number to try the case. 

§ 3. In counties having over 500,000 population, the judges 
of the circuit court shall, at such times as they shall determine, 
designate one or more of their number, whose duty it shall be to 
hear all cases coming under this act. A special court room to be 
designated as the juvenile court room, shall be provided for the 
hearing of such cases, and the findings of the court shall be en- 
tered in a book or books to be kept for that purpose, and known 
as the "Juvenile Record," and the court may for convenience be 
called the "Juvenile Court." 

§ 4. Any reputable person being resident in the county, having 
knowledge of a child in this county who appears to be either neg- 
lected, dependent or delinquent, may file with the clerk of a court 
having jurisdiction in the matter, a petition in writing, setting 



280 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

forth the facts, verified by affidavit. It shall be sufficient that the 
affidavit is upon information and belief. 

§ 5. Upon the filing of the petition a summons shall issue re- 
quiring the person having custody or control of the child or withv 
whom the child may be, to appear with the child at a place and 
time stated in the summons, which time shall be not less than 24 
hours after service. The parents of the child, if living, and their 
residence is known, or its legal guardian, if one there be, or if 
there is neither parent or guardian or if his or her residence is not 
known, then some relative, if there be one, and his residence is 
known, shall be notified of the proceedings and in any case the 
judge may appoint some suitable person to act in behalf of the 
child. If the person summoned as herein provided shall fail with- 
out reasonable cause to appear and abide the order of the court, 
or to bring the child, he may be proceeded against as in case of 
contempt of court. In case the summons cannot be served or the 
party served fails to obey the same, and in any case when it shall 
be made to appear to the court that such summons will be ineffect- 
ual, a warrant may issue on the order of the court, either against 
the parent or guardian or the person having custody of the child 
or with whom the child may be or against the child itself. On the 
return of the summons or other process, or as soon thereafter as 
may be, the court shall proceed to hear and dispose of the case in 
a summary manner. Pending the final disposition of any case, the 
child may be retained in the possession of the person having the 
charge of same, or may be kept in some suitable place provided 
by the city or county authorities. 

§ 6. The court shall have authority to appoint or designate 
one or more discreet persons of good character to serve as proba- 
tion officers, during the pleasure of the court ; said probation offi- 
cers to receive no compensation from the public treasury. In case 
a probation officer shall be appointed by any court, it shall be the 
duty of the clerk of the court, if practicable, to notify the said 
probation officer in advance when any child is to be brought be- 
fore the said court ; it shall be the duty of the said probation offi- 
cer to make such investigation as may be required by the court; 
to be present in court in order to represent the interests of the 
child when the case is heard ; to furnish to the court such informa- 
tion and assistance as the judge may require; and to take sucH 



JUVENILE COUET ACT. 281 

charge of any child before and after trial as may be directed by the 
court. 

§ 7. When any child under the age of sixteen ( i6) years shall 
be found to be dependent or neglected within the meaning of this 
act, the court may make an order committing the child to the care 
of some suitable State institution, or to the care of some reputable 
citizen of good moral character, or to the care of some training 
school or an industrial school, as provided by law, or to the care 
of some association willing to receive it, embracing in its objects 
the purpose of caring or obtaining homes for dependent or neg- 
lected children, which association shall have been accredited as 
hereinafter provided. The court may, when the health or condi- 
tion of the child shall require it, cause the child to be placed in a 
public hospital or institution for treatment or special care, or in a 
private hospital or institution which will receive it for like pur- 
pose without charge. [As amended by act approved May ii, 1901. 
In force July i, 190 1.] 

§ 8. In any case where the court shall award a child to the care 
of any association or individual in accordance with the provisions 
of this act, the child shall, unless otherwise ordered, become a 
ward, and be subject, to the guardianship of the association or 
individual to whose care it is committed. Such association or in- 
dividual shall have authority to place such child in a family home, 
with or without indenture, and may be made party to any proceed- 
ing for the legal adoption of the child, and may by its or his at- 
torney or agent appear in any court where such proceedings are 
pending and assent to such adoption. And such assent shall be 
sufficient to authorize the court to enter the proper order or decree 
of adoption. Such guardianship shall not include the guardian- 
ship of any estate of the child. 

§ 9. In the case of a delinquent child the court may continue 
the hearing from time to time, and may commit the child to the care 
or custody of a probation officer, and may allow said child to re- 
main in its own home, subject to the visitation of the probation 
officer; such child to report to the probation officer as often as 
may be required, and subject to be returned to the court for fur- 
ther or other proceedings whenever such action may appear to be 
necessary ; or the court may cause the child to be placed in a suit- 
able family home, subject to the friendly supervision of a proba- 
tion officer and the further order of the court ; or it may authorize 



282 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

the child to be boarded out in some suitable family home, in case 
provision is made by voluntary contribution or otherwise for the 
payment of the board of such child, until a suitable provision may 
be made for the child in a home without such payment; or the 
court may commit the child, if a boy, to a training school for boys,, 
or, if a girl, to an industrial school for girls, or the court may com- 
mit the child to any institution within the county, incorporated 
under the laws in this State, that may care for delinquent children, 
or be provided by a city or county suitable for the care of such 
children, or to any State institution which may be established for 
the care of delinquent boys, or if a girl over the age of ten (lo) 
years to the State -Home for Juvenile Female Offenders. In no 
case shall a child be committed beyond his or her minority. A 
child committed to such institution shall be subject to the control 
of the board of managers thereof, and the said board shall have 
power to parole such child on such conditions as it may prescrii^e ; 
and the court shall, on the recommendation of the board, have 
power to discharge such child from custody, whenever, in the 
judgment of the court, his or her reformation is complete, or the 
court may commit the child to the care and custody of some asso- 
ciation that will receive it, embracing in its objects the care of neg- 
lected or dependent children, and that has been duly accredited as 
hereinafter provided. [As amended by act approved May ii,. 
1901. In force July i, 1901.] 

§ 10. When in any county where a court is held, as provided 
in section three (3) of this act, a child under the age of sixteen 
(16) years is arrested with or without warrant, such child may, 
instead of being taken before a justice of the peace, or police mag- 
istrate, be taken directly before such court ; or, if the child is taken 
before a justice of the peace, or police magistrate, it shall be the 
duty of such justice of the peace, or police magistrate, to transfer 
the case to such court, and the officer having the child in charge 
to take the child before that court, and in any case the court may 
proceed to hear and dispose of the case in the same manner as if 
the child had been brought before the court upon petition, as 
herein provided. In any case the court shall require notice to be 
given and investigation to be made as in other cases under this 
act, and may adjourn the hearing from time to time for the pur- 
pose. [As amended by act approved May 11, 1901. In force 
July I, 1901.] 



JUVENILE COTJKT ACT. 283 

§11. No court or magistrate shall commit a child under twelve 
(12) years of age to a jail or police station, but if such child is un- 
able to give bail, it may be committed to the care of the sheriff, 
police officer or probation officer, who shall keep such child in 
some suitable place provided by the city or county outside of the 
inclosure of any jail or police station. When any child shall be 
sentenced to confinement in any institution to which adult con- 
victs are sentenced, it shall be unlawful to confine such child in the 
same building with such adult convicts, or to confine such child in 
the same yard or inclosure with such adult convicts, or to bring 
such child into any yard or building in which such adult convicts 
may be present. 

§12. It shall be the duty of the Superintendent of the State 
Reformatory at Pontiac and the board of managers of the State 
Home for Juvenile Female Offenders at Geneva, and the board of 
managers of any other institution to which juvenile delinquents 
may be committed by the courts, to maintain an agent of such in- 
stitution, whose duty it shall be to examine the homes of children 
paroled from such institution, for the purpose of ascertaining and 
reporting to said court whether they are suitable homes ; to assist 
children paroled or discharged from such institution in finding 
suitable employment, and to maintain a friendly supervision over 
paroled inmates during the continuance of their parole ; such 
agents shall hold office subject to the pleasure of the board making 
the appointment, and shall receive such compensation as such 
board may determine out of any funds appropriated for such in- 
stitution applicable thereto. 

§ 13. All associations receiving children under this act shall be 
subject to the same visitation, inspection and supervision by the 
board of state commissioners of public charities as are the public 
charitable institutions of this State, and it shall be the duty of the 
said board of commissioners to pass annually upon the fitness of 
every such association as may receive, or desire to receive, chil- 
dren under the supervision [provisions] of this act, and every 
such association shall annually, at such time as said board shall 
direct, make report thereto, showing its condition, management 
and competency to adequately care for such children as are, or 
may be committed to it, and such other facts as said board may 
require, and upon said board being satisfied that such association 
is competent and has adequate facilities to care for such children, 



284: MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

it shall issue to the same a certificate to that effect, which certifi- 
cate shall continue in force for one (i) year, unless sooner re- 
voked by said board, and no child shall be committed to any such 
association which shall not have received such a certificate within 
fifteen (15) months next preceding the commitment. The court 
may, at any time, require from any association, receiving or desir- 
ing to receive, children under the provisions of this act, such re- 
ports, information and statements as the judge shall deem proper 
or necessary for his action, and the court shall in no case be re- 
quired to commit a child to any association whose standing, con- 
duct or care of children, or ability to care for the same, is not sat- 
isfactory to the court. [Added by act approved May 11, 1901. 
In force July i, 1901.] 

§ 14. No association whose objects may embrace the caring 
for dependent, neglected or delinquent children shall hereafter be 
incorporated unless the proposed articles of incorporation shall 
first have been submitted to the examination of the board of State 
commissioners of public charities, and the Secretary of State shall 
not issue a certificate of incorporation unless there shall first be 
filed in his office the certificate of said board of State commission- 
ers of public charities that said board has examined the said arti- 
cles of incorporation and that, in its judgment, the incorporators 
are reputable and responsible persons, the proposed work is 
needed, and the incorporation of such association is desirable and 
for the public good; amendments proposed to the articles of in- 
corporation or association having as an object the care and dis- 
posal of dependent, neglected or delinquent children shall be sub- 
mitted in like manner to the board of State commissioners of 
public charities, and the Secretary of State shall not record such 
amendment or issue his certificate therefor unless there shall first 
be filed in his office the certificate of said board of State commis- 
sioners of public charities that they have examined the said amend- 
ment, that the association in question is, in their judgment, per- 
forming in good faith the work undertaken by it, and that the said 
amendment is, in their judgment, a proper one and for the public 
good. 

§ 15. It shall be lawful for the parents, parent, guardian or 
other person having the right to dispose of a dependent or neg- 
lected child to enter into an agreement with any association or in- 
stitution incorporated under any public or private law of this State 



JUVENILE COUET ACT. 285 

for the purpose of aiding, caring for or placing in homes such 
children, and being approved as herein provided, for the surrender 
of such child to such association or institution, to be taken and 
cared for by such association or institution or put into a family 
home. Such agreement may contain any and all proper stipula- 
tions to that end, and may authorize the association or institution, 
by its attorney or agent, to appear in any proceeding for the legal 
adoption of such child, and consent to its adoption, and the order 
of the court made upon such consent shall be binding upon the 
child and its parents or guardian or other person the same as if 
such parents or guardian or other person were personally in court 
and consenting thereto, whether made party to the proceeding or 
not. 

§ 1 6. No association which is incorporated under the laws of 
any other State than the State of Illinois, shall place any child in 
any family home within the boundaries of the State of Illinois 
either with or without indenture, or for adoption, unless the said 
association shall have furnished the board of State commissioners 
of public charities with such guarantee as they may require that 
no child shall be brought into the State of Illinois by such society 
or its agents, having any contagious or incurable disease, or hav- 
ing any deformity, or being of feeble mind, or of vicious char- 
acter, and that said association will promptly receive and remove 
from the State any child brought into the State of Illinois by its 
agent, which shall become a public charge within the period of 
five (5) years after being brought into this State. Any person 
who shall receive to be placed in a home, or shall place in a home, 
any child in behalf of any association, incorporated in any other 
State than the State of Illinois, which shall not have complied with 
the requirements of this act shall be imprisoned in the county jail 
not more than thirty days, or fined not less than $5.00 or more 
than one hundred ($100.00) dollars, or both in the discretion of 
the court. 

§ 17. The court in committing children shall place them as far 
as practicable in the care and custody of some individual holding 
the same religious belief as the parents of said child, or with some 
association which is controlled by persons of like religious faith of 
the parents of the said child. 

§ 18. The county judge of each county may appoint a board of 
six reputable inhabitants who will serve without compensation to 



280 MISCELLANEOUS ACTS, EELATH^TG TO SCHOOLS, ETC. 

constitute a board of visitation whose duty it shall be to visit as 
often as once a year, all institutions, societies and associations re- 
ceiving children under this act; said visits shall be made by not 
less than two of the members of the board who shall go together 
or make a joint report; the said board of visitors shall report to 
the court, from time to time, the condition of children received by, 
or in the charge of such associations and institutions, and shall 
make an annual report to the board of State commissioners of 
public charities, in such form as the board may prescribe. The 
county board may, at their discretion, make appropriations for the 
payment of the actual and necessary expenses incurred by the 
visitors in the discharge of their official duties. 

§ 19. The powers and duties herein provided to be exercised 
by the county court or the judges thereof, may, in counties having 
over 500,000 population, be exercised by the circuit courts and 
their judges as hereinbefore provided for. 

§ 20. Nothing in this act shall be construed to repeal any por- 
tion of the act to aid industrial schools for girls, the act to pro- 
vide for and aid training schools for boys, the act to establish the 
Illinois State Reformatory or the act to provide for a State Home 
for Juvenile Female Offenders. And in all commitments to said 
institutions the acts in reference to said institutions shall govern 
the same. 

§ 21. This act shall be liberally construed to the end that its 
purpose may be carried out, to- wit : That the care, custody and 
discipline of a child shall approximate as nearly as may be that 
which should be given by its parents, and in all cases where it can 
properly be done, the child be placed in an improved family home 
and become a member of the family by legal adoption or other- 
wise. 

§ 22. In any case in which the court shall find a child neg- 
lected, dependent or delinquent, it may, in the same, or a subse- 
quent proceeding, upon the parents of said child, or either of them, 
being duly summoned or voluntarily appearing, proceed to inquire 
into the ability of such parent or parents to support the child or 
contribute to its support, and if the court shall find such parent or 
parents able to support the child or contribute thereto, the court 
may enter such order or decree as shall be according to equity in 
the premises, and may enforce the same by execution, or in any 
way in which a court of equity may enforce its orders or decrees. 



JTJYENILE COUKT ACT. 287 

[This section added by act approved May ii, 1901. In force 
July I, 1901.] 

Note. — The forms suggested below in connection with the foregoing 
act are based upon those now in use in the city of Chicago. 

FOEM OF PETITION. 

State of Illinois, 1 In Circuit Court of County, 

County. / ^* The Juvenile Court. 

Term, 19 — . 

To the Honorable , 

One of the Judges of the Circuit Court of County: 

Your petitioner, , a responsible person, and resident of said 

county for one year next preceding the time of presenting this petition, 

respectfully represents unto your honor that , a of about 

the age of years, on or about , 19^, now within said county. 

Is a delinquent person in this: that , the said , ; and 

that [insert facts as to parentage or guardianship, names and addresses, 
living or dead] . 

Your petitioner therefore humbly prays this honorable court to in- 
quire into the alleged delinquency of said and of the truth of 

the matters herein contained, in pursuance of the statute in such case 
made and provided; and make such order in the premises as to this 
honorable court may seem meet and proper in the premises, and as in 
duty bound your petitioner will ever pray, etc. 

State of Illinois, \ 

County of . r 

, being duly sworn, says that has read the above peti- 
tion by signed, and knows the contents thereof, and that the same 

is true according to the best of knowledge and belief. 

Subscribed and sworn to before me this 

day of , 19—. 

, Clerk. 

FORM OF statement. 

(To be filed with petition.) 

Police Station, City of . 

To the Honorcbble the Judge of the Juvenile Court of County, 

Illinois: 
In compliance with an act to regulate the treatment and control of 
dependent, neglected and delinquent children, in force July 1, 1899, I 

hereby transfer to ^id juvenile court the report and case of . 

, Justice of the Peace. 



288 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

History of Case. 

Name of child, . Age, . 

Present state of healtli, . Physician, , 

Father's name, nationality and creed, . 

Address, . 

Mother's name, nationality and creed, . 

Address, . 

Father's occupation and income, . 

Mother's occupation and income, . 

Legal guardian, if any, . 

Address, — — : 

Attends what school, — — . Teacher's name, — • . 

This child has been arrested on other occasions: Give particulars 

and dates, . 

Remarks and recommendations: . 

, Probationary Officer. 

In addition to above history of case, send transcript and all papers 
in case. 

FOEM OF NOTICE. 

State of Illinois, "I Circuit Court of County, 

County of . / Juvenile Court. 

To : 

You are hereby notified that a petition has been filed in the office of 
the clerk of said court setting forth that is a . 

You are further notified that the matter of said petition will be called 

up before the Honorable , judge of said court, in the court 

house, in , for hearing, trial, and such disposition as may be proper 

in the premises, on the day of , A. D. 19 — , at the hour of 

o'clock — M., or as soon thereafter as the matter can be heard, when 
and where you may appear and resist the same if you see fit. 

State of Illinois, \ „_ 

County. r 

, being duly sworn, upon oath says that on the day of 

, A. D. 19 — , he served the within notice upon by deliver- 
ing a copy of said notice to said . . 

Subscribed and sworn to before me this 

day of , A. D. 19 — . 

, Clerk. 



ATTTHOKIZING SCHOOL DISTRICTS TO ESTABLISH SCHOOLS, ETC. 289 



AUTHORIZING SCHOOL DISTRICTS TO ESTABLISH SCHOOLS FOR 
CRIPPLED CHILDREN. 



1. Establishment of school. 

2. Reports. 

3. Maintenance of schools. 



§ 4. Payment of maintenance 
money. 
5. Appointment and removal of 
teachers. 



An Act authorising school districts managed by boards of edu- 
cation or directors to establish and maintain schools or classes 
for crippled children in the public schools, and authorising 
payment therefor from the State common school funds. [Ap- 
proved May 13, 1903, in force July i, 1903.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon application by 
a board of education or directors of any school district of the State 
to the State Superintendent of Public Instruction, he shall grant 
permission to such board of education or directors and such board 
of education or directors, shall thereupon be empowered to main- 
tain public schools, within its limits, for one or more classes, hav- 
ing an average attendance of not less than fifteen pupils, for in- 
struction of crippled children over the age of six and under 
twenty-one years, residents of the State of Illinois. 

§ 2. Such board of education or directors which shall maintain 
one or more schools for instruction of crippled children shall re- 
port to the State Superintendent of Public Instruction annually, 
and as often as said Superintendent shall direct, such facts con- 
cerning such school or schools as he may require. 

§ 3. The county superintendent of schools in each county is 
hereby authorized and directed to apportion and pay out of the 
State common school fund received by such county, to the treas- 
urer or other financial officer of such board of education or direct- 
ors maintaining such school or schools for the instruction of 
crippled children, the sum of one hundred and fifty dollars for 
each crippled pupil, resident of such county, instructed in any such 
school for at least nine months during the school year, and a share 
of such sum proportionate to the term of instruction of any such 
pupil as shall be so instructed less than nine months during such 
year. If no such schools shall be maintained in any such county, 
but persons residing in such county shall attend such school in an 
adjoining county with the permission of the county superintendent 
19 



290 



MISCELLANEOUS ACTS, KELATING TO SCHOOLS, ETC. 



of the county not maintaining such school, then said superintend- 
ent shall pay to the financial officer of the board of education or 
directors of the district maintaining such school the amount above 
specified for each pupil attending such school in such other county. 

§ 4. The sums provided in next preceding section shall be paid 
by such county superintendent of schools as soon as may be after 
the receipt by him of the State common school fund in each year, 
upon satisfactory proof being made to him by the president and the 
secretary or clerk of such board of education or directors maintain- 
ing such school, of the number of pupils instructed in such school 
or schools, and their residence, and the period of time each such 
pupil shall have been so instructed in each school or schools for 
the preceding school year. 

§ 5. All teachers in such schools shall be appointed by the 
State Superintendent of Public Instruction upon application of the 
board of education or directors of the school district maintaining 
such school or schools ; the State Superintendent of Public In- 
truction to have the power to remove such teachers for cause. No 
person shall hereafter be appointed to teach any such class who 
shall not have first obtained a teacher's certificate, as provided by 
law, and who shall not have received specific instruction in the 
teaching of crippled children for a term of not less than one year. 



CHILD LABOR. 



1. To wlLom applicable. 

2. Register of minors em- 

ployed. 

3. List to be posted. 

4. Certificates. 

5. Approval of certificates, 

6. Age — How proved. 

7. S c li ol and age certifi- 

cates — Form and use. 



§ 8 Educational requirements. 
9. Factory inspectors. 

10. Limits of daily work. 

11. No employment of children 

under sixteen years of 
age. 

12. Evidence. 

13. Visitation and inspection. 

14. Penalty for violation. 

15. Repeal. 



An Act to regulate the employment of children in the State of 
Illinois, and to provide for the enforcement thereof. [Ap- 
proved May 15, 1903, in force July i, 1903.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That no child under the age 
of fourteen years shall be employed, permitted or suffered to work 



CHILD LABOR 291 

at any gainful occupation in any theatre, concert hall or place of 
amusement where intoxicating liquors are sold or in any mercan- 
tile institution, store, office, hotel, laundry, manufacturing estab- 
lishment, bowling alley, passenger or freight elevator, factory or 
workshop or as messenger or driver therefor, within this State. 
That no child under fourteen years of age shall be employed at any 
work performed for wages or other compensation, to whomso- 
ever payable, during any portion of any month when the public 
schools of the town, township, village or city in which he or she 
resides are in session, nor be employed at any work before the hour 
of seven o'clock in the morning or after the hour of six o'clock 
in the evening. Provided, that no child shall be allowed to work 
more than eight hours in any one day, 

§ 2. It shall be the duty of every person, firm or corporation, 
agent or manager of any firm or corporation employing minors 
over fourteen years and under sixteen years of age in any mercan- 
tile institution, store, office, hotel, laundry, manufacturing estab- 
lishment, bowling alley, theater, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or workshop or as 
messenger or driver therefor, within this State, to keep a register 
in said mercantile institution, store, office, hotel, laundry, manu- 
facturing establishment, bowling alley, theater, concert hall or 
place of amusement, factory or workshop in which said minors 
shall be employed or permitted or suffered to w^ork, in which 
register shall be recorded the name, age and place of residence of 
every child employed or suffered or permitted to work therein, or 
as messenger or driver therefor, over the age of fourteen and under 
the age of sixteen years ; and it shall be unlawful for any person, 
firm or corporation, agent or manager, of any firm or corporation 
to hire or employ, or to permit or suffer to work in any mercantile 
institution, store, office, hotel, laundry, manufacturing establish- 
ment, bowling alley, theater, concert hall or place of amusement, 
passenger or freight elevator, factory or workshop, or as messen- 
ger or driver therefor, any child under the age of sixteen years 
and over fourteen years of age, unless there is first produced and 
placed on file in such mercantile institution, store, office, hotel, 
laundry, manufacturing establishment, bowling alley, factory or 
workshop, theater, concert hall or place of amusement, an age and 
school certificate approved as hereinafter provided. 



292 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

§ 3. Every person, firm or corporation, agent or manager of 
a corporation employing or permitting or suffering to work five or 
more children under the age of sixteen years and over the age of 
fourteen in any mercantile institution, store, office, laundry, hotel, 
manufacturing establishment, factory or workshop, shall post and 
keep posted in a conspicuous place in every room in which such 
help is employed, or permitted or suffered to work a list containing 
the name, age and place of residence of every person under the age 
of sixteen years employed, permitted or suffered to work in such 
room. 

§ 4. No child under sixteen years of age and over fourteen 
years of age shall be employed in any mercantile institution, store, 
office, hotel, laundry, manufacturing establishment, bowling alley, 
theater, concert hall, or place of amusement, passenger or freight 
elevator, factory or workshop, or as messenger or driver therefor, 
unless there is first produced and placed on file in such mercantile 
institution, store, office, hotel, laundry, manufacturing establish- 
ment, bowling alley, theater, concert hall or place of amusement, 
factory or workshop, and accessible to the State Factory Inspector, 
Assistant Factory Inspector or deputy factory inspector, an age 
and school certificate as hereinafter prescribed ; and unless there is 
kept on file and produced on demand of said inspectors of factories 
a complete and correct list of all the minors under the age of six- 
teen years so employed who cannot read at sight and write legibly 
simple sentences, unless such child is attending night school as 
hereinafter provided. 

§ 5. An age and school certificate shall be approved only by 
the superintendent of schools or by a person authorized by him in 
writing ; or where there is no superintendent of schools, by a per- 
son authorized by the school board: Provided, that the superin- 
tendent or principal of a parochial school shall have the right to ap- 
prove an age and school certificate and shall have the same rights 
and powers as the superintendent of public schools to administer 
the oaths herein provided for children attending parochial schools : 
Provided further, that no member of a school board or other per- 
son authorized as aforesaid shall have authority to approve such 
certificates for any child then in or about to enter his own estab- 
lishment, or the employment of a firm or corporation of which he 
is a member, officer or employe. The person approving tlicse cer- 



CHILD LABOE. 293 

tificates shall have authority to administer the oath provided herein, 
but no fee shall be charged therefor. It shall be the duty of the 
school board or local school authorities to designate a place (con- 
nected with their offices, when practicable) where certificates shall 
be issued and recorded, and to establish and maintain the necessary 
records and clerical service for carrying out the provisions of this 
act. 

§ 6. An age and school certificate shall not be approved unless 
satisfactory evidence is furnished by the last school census, the 
certificate of birth or baptism of such child, the register of birth of 
such child with a town or city clerk, or by the records of the public 
or parochial schools, that such child is of the age stated in the cer- 
tificate : Provided, that in cases arising wherein the above proof is 
not obtainable, the parent or guardian of the child shall make oath 
before the juvenile or county court as to the age of such child, 
and the court may issue to said child an age certificate as sworn to. 

§ 7. The age and school certificate of a child under sixteen 
years of age shall not be approved and signed until he presents to 
the person authorized to approve and sign the same, a school at- 
tendance certificate, as hereinafter prescribed, duly filled out and 
signed. A duplicate of such age and school certificate shall be 
filled out and shall be forwarded to the State Factory Inspector's 
office. Any explanatory matter may be printed with such certifi- 
cate in the discretion of the school board or superintendent of 
schools. The employment and the age and school certificates shall 
be separately printed and shall be filled out, signed and held or sur- 
rendered as indicated in the following forms : 

SCHOOL CERTIFICATE. 

(Name of school) . (City or town and date) . 

This certifies (name of minor) of the th grade, can read 

and write legibly simple sentences. 

This also certifies that according to the records of' this school, 
and in my belief, the said (name of minor) was born at (name of 
city or town) in (name of county) on the (date) and is now 
(number of years and months) old. 

(Name of parent or guardian), 

(Residence). 

(Signature of teacher) grade. 

Correct. (Name of Principal). 
(Name of school). 



294 MISCELLANEOUS ACTS, RELATING TO SCHOOLS, ETC. 

EVENING SCHOOL ATTENDANCE CERTIFICATE. 

(Date). 

This certifies that (name of minor) is registered in and regu- 
larly attends the evening school. 

This also certifies that according to the records of my school 
and in my belief the said (name of minor) was born at (name of 

city or town) on the day of (year), and is now (number of 

years and months) old. 

(Name of parent or guardian), 

(Residence). 

(Signature of Teacher). 

(Signature of Principal). 

AGE AND SCHOOL CERTIFICATE. 

This certifies that I am (father, mother, guardian or custodian) 
of (name of minor), and that (he or she) was born at (name of 
town or city) in the (name of county, if known) and State or 

county of , on the (day of birth and year of birth) and is 

now (number of years and months) old. 

(Signature of parent, guardian or custodian), 

(City or town and date). 

There personally appeared before me the above named (name of 
person signing) and made oath that the foregoing certificate by 
(him or her) signed is true to the best of (his or her) knowledge. 
I hereby approve the foregoing certificate of (name of child), 

height (feet and inches), weight , complexion (fair or dark), 

hair (color), having no sufficient reason to doubt that (he or she) 
is of the age therein certified. 

Owner of Certificate. This certificate belongs to (name of 
child in whose behalf it is drawn) and is to be surrendered to (him 
or her) whenever (he or she) leaves the service of the corporation 
or employer holding the same; but if not claimed by said child 
within thirty days from such time it shall be returned to the super- 
intendent of schools, or where there is no superintendent of schools, 
to the school board. (Signature of person authorized to approve 
and sign, with official character authority.) 

(Town or city, and date.) 

Illiteracy. In the case of a child who cannot read at sight and 
write legibly simple sentences, the certificate shall continue as fol- 
lows, after the word Sentences : "I hereby certify that (he or 
she), is regularly attending the (name of public or parochial 
evening school)." This certificate shall continue in force just 
as long as the regular attendance of said child at said evening 
school is certified weekly by the teacher and principal of said 
school. 

Evening School. In any city or town in which there is no 
public or parochial evening school, an age and school certificate 
shall not be approved for a child under the age of sixteen years 



CHILD LABOK. 295 

who can not read at sight and write legibly simple sentences. 
When the public or parochial evening schools are not in session 
an age and school certificate shall not be approved for any child 
who can not read at sight and write legibly simple sentences. The 
certificate of the principal of a public or parochial school shall be 
prima facie evidence as to the literacy or illiteracy of the child. 

§ 8. No person shall employ any minor over fourteen years of 
age and under sixteen years, and no parent, guardian or custodian 
shall permit to be employed any such minor under his control, who 
can not read at sight and write legibly simple sentences, while a 
public evening school is maintained in the town or city in which 
such minor resides, unless such minor is a regular attendant at 
such evening school. 

§ 9. The State inspector of factories, his assistants or deputies, 
shall visit all mercantile institutions, stores, offices, laundries, man- 
ufacturing establishments, bowling alleys, theaters, concert halls 
or places of amusement, factories or workshops, and all other 
places where minors are or may be employed, in this State, and as- 
certain whether any minors are employed contrary to the provis- 
ions of this act. Inspectors of factories, may require that age and 
school certificates, and all lists of minors employed in such fac- 
tories, workshops, mercantile institutions and all other places 
where minors are employed as provided for in this act, shall be 
produced for their inspection, on demand. 

And, provided, further, that upon written complaint to the school 
board or local school authorities of any city, town, district or mu- 
nicipality, that any minor (whose name shall be given in such 
complaint) is employed in any mercantile institution, store, office, 
laundry, manufacturing establishment, bowling alley, theater, con- 
cert hall or place of amusement, passenger or freight elevator, fac- 
tory or workshop, or as messenger or driver therefor, contrary to 
the provisions of this act, it shall be the duty of such school board 
or local school authority to report the same to the State Inspector 
of Factories. 

§ 10. No person under the age of sixteen years shall be em- 
ployed or suffered or permitted to work at any gainful occupation 
more than forty-eight hours in any one week, nor more than 
eight hours in any one day; or before the hours of seven o'clock 
in the morning or after the hour of seven o'clock in the evening. 
Every employer shall post in a conspicuous place in every room 
where such minors are employed a printed notice stating the hours 



296 MISCELLANEOUS ACTS, EELATING TO SCHOOLS, ETC. 

required of them each day of the week, the hours of commencing 
and stopping work and the hours when the time or times allowed 
for dinner or for other meals begins and ends. The printed form 
of such notice shall be furnished by the State Inspector of Fac- 
tories, and the employment of any such minor for longer time in 
any day so stated shall be deemed a violation of this section. 

§ II. No child under the age of sixteen years shall be employed 
at sewing belts, or to assist in sewing belts, in any capacity what- 
ever; nor shall any child adjust any belt to any machinery; they 
shall not oil or assist in oiling, wiping or cleaning machinery ; they 
shall not operate or assist in operating circular or band saws, wood- 
shapers, wool- jointers, planers, sandpaper or wood-polishing ma- 
chinery, emery or polishing wheels used for polishing metal, wood- 
turning or boring machinery, stamping machines in sheet metal 
and tinware manufacturing, stamping machines in washer and nut 
factories, operating corrugating rolls, such as are used in roofing 
factories, nor shall they be employed in operating any passenger 
or freight elevators, steam boiler, steam machinery, or other steam 
generating apparatus, or as pin boys in any bowling alleys ; they 
shall not operate or assist in operating, dough brakes, or cracker 
machinery of any description; wire or iron straightening ma- 
chinery; nor shall they operate or assist in operating rolling mill 
machinery, punches or shears, washing, grinding or mixing mill 
or calendar rolls in rubber manufacturing, nor shall they operate 
or assist in operating laundry machinery; nor shall children be 
employed in any capacity in preparing any composition in which 
dangerous or poisonous acids are used, and they shall not be em- 
ployed in any capacity in the manufacture of paints, colors or 
white lead ; nor shall they be employed in any capacity whatever in 
operating or assisting to operate any passenger or freight ele- 
vator ; nor shall they be employed in any capacity whatever in the 
manufacture of goods for immoral purposes, or any other employ- 
ment that may be considered dangerous to their lives or limbs, or 
where their health may be injured or morals depraved ; nor in any 
theater, concert hall, or place of amusement wherein intoxicating 
liquors are sold; nor shall females under sixteen years of age be 
employed in any capacity where such employment compels them to 
remain standing constantly. 

§ 12, The presence of any person under the age of sixteen 
years in any manufacturing establishment, factory or workshop. 



CHILD LABOK. 297 

shall constitute prima facie evidence of his or her employment 
therein. 

§ 13. It shall be the special duty of the State Factory Inspector 
to enforce the provisions of this act, and to prosecute all violations 
of the same before any magistrate or any court of competent juris- 
diction in this State. It shall be the duty of the State Factory In- 
spector, Assistant State Factory Inspector and Deputy State Fac- 
tory Inspectors under the supervision and direction of the State 
Factory Inspector, and they are hereby authorized and empowered 
to visit and inspect, at all reasonable times and as often as possible, 
all places covered by this act. 

§ 14. Whoever, having under his control a child under the age 
of sixteen years, permits such child to be employed in violation of 
the provisions of this act, shall for each offense be fined not less 
than $5 nor more than $25, and shall stand committed until such 
fine and costs are paid. 

A failure to produce to the Inspector of Factories, his assist- 
ants or deputies, any age and school certificates, or lists required 
by this act, shall constitute a violation of this act, and the person 
so failing shall, upon conviction, be fined not less than $5 nor more 
than $50 for each offense. Every person authorized to sign the 
certificate prescribed by section 7 of this act, who certifies to any 
materially false statement therein shall be guilty of a violation of 
this act, and upon conviction be fined not less than $5 nor more 
than $100 for each offense, and shall stand committed until such 
fine and costs are paid. 

Any person, firm or corporation, agent or manager, superin- 
tendent or foreman of any firm or corporation, whether for him- 
self or for such firm or corporation, or by himself or through sub- 
agents or foreman, superintendent or manager, who shall violate 
or fail to comply with any of the provisions of this act, or shall 
refuse admittance to premises or otherwise obstruct the factory in- 
spector, assistant factory inspector or deputy factory inspector in 
the performance of their duties, as prescribed by this act, shall be 
deemed guilty of a misdemeanor and upon conviction thereof shall 
be fined not less than $5 nor more than $100 for each offense, and 
shall stand committed until such fine and costs are paid. 

§ 15. "An Act to prevent Child Labor," approved June 17, 
i8qi, in force July i, 1891, and all other acts and parts of acts in 
conflict with this act are hereby repealed. 



298 ACTS RELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 



ACTS RELATING TO VARIOUS PUBLIC EDUCA- 
TIONAL INSTITUTIONS. 

COUNTY NORMAL SCHOOLS. 



§ 1. Establishment by county. 

2. Management by county board 

of education. 

3. Organization of board. 



§ 4. Union of counties. 

5. Acts legalized. 

6. No compensation to members. 

7. Emergency. 



An Act to enable counties to establish county normal schools. 
[Approved and in force March 15, 1869.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in each county adopt- 
ing township organization, the board of supervisors, and in other 
counties the county court,* may establish a county normal school 
for the purpose of fitting teachers for the common schools. That 
they shall be authorized to levy taxes and appropriate moneys for 
the support of said schools, and also for the purchase of neces- 
sary grounds and buildings, furniture, apparatus, etc., and to hold 
and acquire, by gift or purchase, either from individuals or corpo- 
rations, any real estate, buildings or other property, for the use of 
said schools, said taxes to be levied and collected as all other 
county taxes : Provided, that in counties not under township or- 
ganization, county courts shall not be authorized to proceed under 
the provisions of this act until the subject shall have been sub- 
mitted to a vote of the people, at a general election, and it shall 
appear that a majority of all the votes cast on the subject, at said 
election, shall be in favor of the establishment of a county normal 
school. The ballots used in voting on this subject may read : "For 
a county normal school," or "Against a county normal school." 

§ 2, The management and control of said school shall be in a 
county board of education, consisting of not less than five or more 

*The county board is the successor to the county court in all county 
affairs. See ch. 34, R. S., sec. 46. 



COUNTY NORMAL SCHOOLS. 299 

than eight persons, of which board the chairman of the board of 
supervisors, or the judge of the county court, as the case may be, 
and the county superintendent of schools, shall be ex-oMcio mem- 
bers. The other members shall be chosen by the board of super- 
visors or county court, and shall hold their offices for the term of 
three years. But at the first election one-third shall be chosen for 
one year, one-third for two years, and one-third for three years, 
and thereafter one-third shall be elected annually. Said elections 
shall be held at the annual meeting of the board of supervisors in 
September, or at the September term of the county court, as the 
case may be. 

§ 3. Said board of education shall have power to hire teachers, 
and to make and enforce all needful rules and regulations for the 
management of said schools. A majority of said board shall con- 
stitute a quorum for the transaction of business, and a meeting of 
said board may be called at any time by the president or secretary, 
or by any three of the members thereof. Said board shall pro- 
ceed to organize within twenty days after their appointment, by 
electing a president, who shall hold his office for one year, and 
until his successor shall be appointed. The county superintendent 
shall be, ex-oMcio, secretary of the board. Said board shall make 
to the board of supervisors at their annual meeting in September, 
or to the county court at the September term, as the case may be, 
a full report of the condition and expenditures of said county 
normal school, together with an estimate of the expenses of said 
school for the ensuing year. 

§ 4. Two or more counties may unite in establishing a normal 
school, in which case the per cent of tax levied for the support of 
said school shall be the same in each county. 

§ 5. In all counties that have already established normal 
schools, the action of the Board of Supervisors in so doing, and 
all appropriations made by them for their support, are hereby 
legalized, and said boards of supervisors are hereby authorized 
and empowered to make further appropriations for the support 
of such schools already established, until such schools have 
been established under the previous sections of this act. 

§ 6. No member of the aforesaid county board of education 
shall be entitled to compensation for services rendered as a mem- 
ber of such board. 

§ 7. This act shall be in force from and after its passage. 



300 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 



INDUSTRIAL SCHOOL FOR GIRLS. 



§ 1. Corporation — How organ- 
ized. 

2. Object. 

3. Enforcement — Petition — 

Liability of county — De- 
pendent defined. 

4. Issuance of writ — Trial. 

5. Appointment of guardian. 

6. Commitment. 

7. Indorsement of receipt on 

warrant. 



§ 8. Fees for conveyance to 
school. 
9. Clothing — Support. 

10. Ofiicers — Powers — Duties, 

11. Adoption. 

12. Imbeciles not admitted. 

13. Discharge. 

14. Visitation by State Commis- 

sioners of Charities. 

15. Power of court to dis- 

charge — Appeal. 



An Act to aid industrial schools for girls. [Approved May 28, 
1879, in force July i, 1879.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any seven or more 
persons, residents of this State, a majority of whom are women, 
who may organize, or have organized, under the general laws of 
the State, relating to corporations, for the purpose of establishing, 
maintaining and carrying on an Industrial School for Girls, shall 
have under the corporate names assumed, all the powers, rights 
and privileges of corporations of this State, not for pecuniary 
profit, and shall be, and hereby are exempted from all State and 
local taxes : Provided, however, that any persons organized, or 
who may hereafter organize as above set forth, desiring to avail 
themselves of the provisions of this act, shall first obtain the con- 
sent of the Governor thereto, in writing, which consent must be 
filed in the office of the Secretary of State. 

§ 2. The object of Industrial Schools for Girls shall be to pro- 
vide a home and proper training school for such girls as may be 
committed to their charge; and they shall be maintained by vol- 
untary contributions, excepting as hereinafter provided. 

§ 3. Any responsible person who is a resident of any county in 
this State, may petition the county court, or any court of record of 
said county, to inquire into the alleged dependency of any female 
infant then within the county : Provided, however, that no county 
shall be chargeable as provided by this act, with the tuition or care 
of any female infant committed to an Industrial School from such 
county, unless such infant be a resident of said county, except 
where the parents or guardian of such infant are unknown, or 



INDUSTRIAL SCHOOL FOE GIKLS. 301 

where the infant's place of residence can not be learned, and every 
female infant, who comes within any or either of the following de- 
scriptions, shall be considered a dependent girl, viz : 

Every female infant under eighteen years of age, who begs or 
receives alms while actually selling, or pretending to sell, any arti- 
cle in public ; or who frequents any street, .alley, or other place for 
the purpose of begging or receiving alms ; every female infant who 
shall have no permanent place of abode, or who shall not have 
proper paternal care or guardianship ; or who shall not have suffi- 
cient means of subsistence, or who, from any cause, shall be a 
wanderer through streets and alleys or other public places ; or who 
shall live with, or frequent the company of, or consort with, re- 
puted thieves or other vicious persons ; or who shall be found in a 
poor house; or who shall be found in a house of ill-fame, or in 
any prison : Provided, however, that no "infant" who is an "in- 
mate" of any house of ill-fame, or who is found in any prison, 
charged with, or convicted of, any penal offense, shall be com- 
mitted to any Industrial School of this State, as herein provided 
for dependent girls. The petition shall also state the names, if 
known, of the father and mother of the infant, or the survivor; 
and if neither the father nor mother of the infant be living, or can- 
not be found in the county, or if their names cannot be ascertained, 
then the name of the guardian, if there be one. 

If there be a parent living, whose name can be ascertained, or a 
guardian, the petition shall set forth, not only the dependency of 
the girl, but shall also show, either that the parents, or parent, or 
guardian do or do not consent to the girl being found dependent. 
Such petition shall be verified by oath upon the belief of the peti- 
tioner, and upon being filed, the judge of the court shall have the 
girl named in the petition brought before him, and shall there- 
upon order her to be placed in the custody of some responsible 
person, until such time as a hearing shall be had upon said peti- 
tion, which hearing shall be had as soon thereafter as may be ex- 
pedient, and for the hearing of such petition, the court, having 
jurisdiction, shall be considered always open. [As amended by 
act approved May ii, 1901, in force July i, 1901.] 

§ 4. Upon the filing of such petition, the clerk of the court shall 
issue a writ to the sheriff of the county, directing him to bring 
such infant before the court to be dealt with as herein provided. 



302 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

and on the hearing upon said petition having been set, the court 
shall order that a jury of six shall be summoned and empaneled to 
ascertain whether such infant is a dependent, as alleged in such 
petition, and also to find if the other allegations are true, and if 
found to be such, they shall also find her age in their verdict, and 
when such infant shall be without counsel, it shall be the duty of 
the court to assign counsel for her, and if the jury find that the 
infant named in the petition is a dependent girl, and that the other 
material facts set forth in the petition are true, and if, in the opin- 
ion of the judge, she is a fit person to be sent to an Industrial 
School for Girls, the judge shall enter an order that such infant be 
committed to an Industrial School for Girls in the county, if there 
be such school in the county, but if there be no such school in the 
county, then in any Industrial School for Girls elsewhere in the 
State, to be in such school, kept and maintained until she arrives 
at the age of eighteen years, unless sooner discharged therefrom 
in the manner hereinafter provided. Before the hearing aforesaid, 
notice of proceedings shall be given to the parent or guardian of 
the infant, if to be found in the county, also to the chairman of the 
county board of the county in which such proceedings have been 
instituted, and they may appear and resist the same. [As amended 
by act approved May ii, 1901, in force July i, 1901.] 

§ 5. If the court finds as in the preceding section, it shall fur- 
ther order of record that such female infant has no guardian, or 
that her guardian or parents or parent is or are not fit to have the 
custody of such girl, or that the parents, parent or guardian con- 
sent to such finding, as the case may be, and the court may there- 
upon appoint the president or any one of the vice-presidents of 
such Industrial School the lawful guardian of such infant, and no 
bond shall be required of such guardian, and such guardian shall 
permit such infant to be placed under the care and in the custody 
of such "Industrial School for Girls" as hereinafter provided. [As 
amended by act approved June 25, 1885, in force July i, 1885.] 

§ 6. A warrant shall thereupon be issued in duplicate by the 
clerk to some suitable person, a resident of the county, to be des- 
ignated by the judge, authorizing him or her to take in charge and 
care, the dependent girl named in said order of the court, and con- 
vey her to the Industrial School for Girls to which she is to be com- 
mitted, and said warrant shall be substantially as follows : 



industeial school lok gikls. 303 

State of Illinois, 



County. '^®' 

The People of the State of Illinois, to 

You are hereby authorized to take forthwith into your charge 
and care , aged years, who has been declared a de- 
pendent girl, and convey her to the (as the case may be) 

Industrial School for Girls, and of this warrant you are com- 
manded to make due return to this court after its execution. 

Witness my hand and the seal of the county court of 

county, this day of , A. D. . 

(Seal of Court.) , 

Clerk of the County Court of County. 

This warrant, with the receipt therein, shall be returned to the 
clerk, to be filed by him with the other papers relating to the case, 
and this warrant shall be a sufficient and competent authority for 
the proper officers and agents of the Industrial School for Girls, 
to which it is directed to receive, keep and detain the person 
therein named, and a duplicate copy thereof shall be delivered to 
the matron or other proper officer of such school, to be kept at the 
school by such matron or other proper officer, which duplicate shall 
have thereon a full copy of all indorsements made upon the one re- 
turned to court, and be recorded by her in a book kept for that pur- 
pose, and said book shall always be open' to the inspection of any 
person. 

§ 7. Upon receiving the dependent girl, the matron of the 
school shall endorse upon the warrant referred to in the preceed- 
ing section a receipt, as follows : 

(as the case may be) Industrial School for Girls. 

Received this day of , A. D. , the girl named in 

this warrant. 

(Seal of school.) , Matron. 

§ 8. The fees for conveying a dependent girl to an Industrial 
School for Girls, shall be the same as for conveying a juvenile 
offender to the Reform School for Juvenile Offenders, at Pontiac, 
in this State, and they shall be paid by the counties from which 
such dependent girls are sent, unless they are paid by the parent or 
guardian. 

§ 9. It shall be the duty of the judge having jurisdiction to see 
that every dependent girl committed by him to an Industrial 
School for Girls, shall at the time she is conveyed to the school be 
furnished with three chemises, three pairs of woolen stockings. 



304 ACTS RELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

one (i) pair of shoes, two woolen petticoats, or skirts, three (3) 
good dresses, a cloak or shawl and a suitable bonnet. The expense 
of said clothing shall be paid out of the county treasury upon the 
certificate of such judge. But if the dependent girl have a parent 
or guardian the court shall render judgment against him for the 
amount to be paid the county for such clothing, together with the 
cost of collection; and if such expenses and cost of collection are 
recovered the money shall be paid into the county treasury. For 
the tuition, maintenance and care of dependent girls, the county 
from which they are sent, shall pay to the Industrial School for 
Girls to which they may be committed. 

For each dependent girl under eighteen (18) years of age, the 
sum of ten dollars ($10) per month. And upon the proper officer 
rendering proper accounts therefor, quarterly, the county board 
shall allow and order the same paid out of the county treasury: 
Provided, that no charge shall be made against any county by any 
Industrial School for Girls on account of any dependent girl in the 
care thereof, who has been, by said school, put out to a trade or 
employment in the manner hereinafter provided. [As amended by 
act approved June 25, 1885, in force July i, 1885.] 

§ 10. The officers and trustees of any Industrial School for 
Girls in this State, shall receive into such school all girls commit- 
ted thereto under the provisions of this act, and shall have the ex- 
clusive custody, care and guardianship of such girls. They shall 
provide for their support and comfort; instruct them in such 
branches of useful knowledge as may be suited to their years and 
capacities, and shall cause them to be taught in domestic avoca- 
tions, such as sewing, knitting, and housekeeping in all its depart- 
ments. And for the purpose of their education and training, and 
that they may assist in their own support, they shall be required 
to pursue such tasks suitable to their years and sex, as may be pre- 
scribed by such officers and trustees. 

§ II. Any girl committed under the provisions of this act to 
an Industrial School for Girls, may by the officers and trustees of 
said school be placed in the home of any good citizen upon such 
terms and for such purpose and time as may be agreed upon, or 
she may be given to any suitable person of good character who 
will adopt her, or she may be bound to any reputable citizen as an 
apprentice to learn any trade, or as a servant to follow any employ- 
ment which, in the judgment of said officers and trustees, will be 



INDUSTKIAL SCHOOL FOE GIELS. 305 

for her advantage; and all and singular of the provisions of the 
act entitled "An Act to revise the law in relation to apprentices," 
approved February 25, 1874, in force July i, 1874, in 'so far as 
they are applicable, shall apply to and be binding upon such officers 
and trustees, upon such girl and upon the person to whom such 
girl is bound : Provided, that any disposition made of any girl 
under this section shall not bind her beyond her minority; And, 
provided further, that such officers and trustees shall have a super- 
vising care over such girl to see that she is properly treated and 
cared for ; and in case such girl is cruelly treated, or is neglected, 
or the terms upon which she was committed to the care and pro- 
tection of any person are not observed, or in case such care and 
protection shall for any reason cease, then it shall be the duty of 
such officers and trustees to take and receive such girl again into 
the custody, care and protection of said industrial school. 

§ 12. No imbecile, or idiot girl, or one incapacitated for labor, 
nor any girl having any infectious, contagious or incurable disease, 
shall be committed or received into any industrial school for girls 
in this State. 

§ 13. Any girl committed to an industrial school for girls, 
under the provisions of this act, may be discharged therefrom at 
any time, in accordance with the rules thereof, when in the judg- 
ment of the officers and trustees, the good of the girl or the good 
of the school, would be promoted by such discharge, and the Gov- 
ernor may at any time order the discharge of any girl committed 
to an industrial school under the provisions of this act. 

§ 14. All industrial schools for girls in this State, shall be sub- 
ject to the same visitation, inspection and supervision of the Board 
of State Commissioners of Public Charities, as the charitable and 
penal institutions of the State, and avoiding as far as practicable, 
sectarianism; suitable provisions shall be made for the moral and 
religious instruction of the inmates of all industrial schools for 
girls in this State. But no such industrial school shall receive an 
appropriation from the State for any purpose, and any school re- 
ceiving an appropriation from the State shall not have the benefit 
of the provisions of this act. 

§ 15. The court committing any girl to a training school under 
the provisions of this act, shall have power at any time after mak- 
ing such commitment, and as long as the girl is in the school, 
upon proper showing, to order the discharge of the girl, or her 
20 



306 



ACTS RELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 



restoration to her parents : Provided, however, that such show- 
ing shall demonstrate that the welfare and best interests of such 
girl will be best promoted by her discharge from such school, and 
that the president of such industrial school where such girl is con- 
fined, shall receive notice of such application for discharge, and 
may appear and resist the same. 

Appeals, as in other cases shall be allowed from all final orders 
made by such court under this act. [Added by act approved May 
II, 1901, in force July I, 1901.] 



TRAINING SCHOOL FOR BOYS. 



1. Training schools — Organiza- 

tion. 

2. Objects — Maintenance. 

3. Who eligible for admission. 

4. Committals by order of 

court. 

5. Appointment of guardian.. 

6. Commitment. 

7. Superintendent's receipt. 

8. Fees for conyeyance. 



^ 9. Charges for support. 

10. Admissions — No imbeciles — 

Support. 

11. Powers of officers as to ap- 

prenticeship. 

12. Discharge of inmate. 

13. Visitation by commissioners. 

14. Powers of court — Restora- 

tion. 



An Act to provide for and aid training schools for hoys. [Ap- 
proved June 18, 1883, in force July i, 1883.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any seven or more 
persons, residents of this State, who may organize, or have organ- 
ized, under the general laws of the State, relating to corporations, 
for the purpose of establishing, maintaining and carrying on a 
training school for boys, shall have, under the corporate name as- 
sumed, all the powers, rights and privileges of corporations of 
this State, not for pecuniary profit : Provided, however, that any 
persons organized, or who may hereafter organize as above set 
forth desiring to avail themselves of the provisions of this act, 
shall first obtain the consent of the Governor thereto, in writing, 
which consent must be filed in the office of the Secretary of State. 

§ 2. The object of training schools for boys shall be to provide 
a home and proper training school for such boys as may be com- 
mitted to their charge ; and they shall be maintained by voluntary 
contributions, excepting as hereinafter provided. 



TRAINING SCHOOL FOK BOTS. 307 

§ 3. Any responsible person a resident of any county in this 
State, may petition the county court, or any court of record of 
said county, to inquire into the alleged dependency of any boy 
then within the county, and every boy who shall come within the 
following descriptions shall be considered a dependent boy, viz. : 
Every boy who frequents any street, alley or other place for the 
purpose of begging or receiving alms ; every boy who shall have 
no permanent place of abode, proper parental care or guardian- 
ship; every boy who shall not have sufficient means of subsist- 
ence ; or who from other cause shall be a wanderer through streets 
and alleys, or other public places ; and every boy who shall live 
with, or frequent the company of, or consort with reputed thieves 
or other vicious persons. The petitioner shall also state the name 
of the father and mother of the boy, if living and if known, or if 
either be dead, the name of the survivor, if known ; and if neither 
the father nor mother of the boy be living or to be found in the 
county, or their names to be ascertained, then the name of the 
guardian, if there be one. If there be a parent living, whose name 
can be ascertained, or a guardian, the petition shall set forth not 
only the dependency of the boy, but shall also show either that the 
parents or parent or guardian are or is not fit persons or person 
to have the custody of such boy, or that if fit, the father, mother 
or guardian consents or consent to the boy being found dependent. 
Such petition shall be verified by oath upon the belief of the peti- 
tioner, and upon being filed, the judge of the court shall have the 
boy named in the petition brought before him for the purpose of 
determining the application in said petition contained, and for the 
hearing of such petitions the county court shall be considered al- 
vrays open. [As amended by act approved June 23, 1885, in force 
July I, 1885.] 

§ 4. Upon the filing of such petition, the clerk of the court 
shall issue a writ to the sheriff of the county directing him to bring 
such boy before the court, to order a jury of six to be summoned 
to ascertain whether such boy is dependent as alleged in said peti- 
tion, and also to find if the other allegations are true, and if found 
to be such, they shall also find his age in their verdict ; and when 
such boy shall be without counsel, it shall be the duty of the court 
to assign counsel for him ; and if the jury shall find that the boy 
named in the petition is a dependent boy, and that the other ma- 
terial facts set forth in the petition are true, and if in the opinion 



308 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

of the judge he is a fit person to be sent to a training school for 
boys, the judge shall enter an order that such boy shall be com- 
mitted to a training, school for boys in the county, if there be such 
in the county, but if there be no such school in the county, then to 
any training school for boys elsewhere in the State, to be in such 
school kept and maintained until he shall arrive at the age of 
twenty-one years, unless sooner discharged therefrom in the man- 
ner hereinafter provided. Before the hearing aforesaid, notice 
shall be given to the parents or parent or guardian of the boy, if to 
be found in the county, and also to the chairman of the county 
board of the county, of the proceedings about to be instituted, and 
they may appear and resist the same. [As amended by act ap- 
proved March 28, 1895, in force July i, 1895.] 

§ 5. If the court finds as in the preceding section, it shall fur- 
ther order of record that such boy has no guardian, or that his 
guardian or parents or parent is or are not fit person or persons to 
have the custody of such boy, or that the parent, parents or guard- 
ian consent, as the case may be, and the court shall thereupon ap- 
point a guardian of the custody and tuition of such boy, and no 
bond shall be required of such guardian, and such guardian shall 
permit such boy to be placed under the care and in the custody of 
such training school for boys as herein provided. [As amended by 
act approved June 23, 1885, in force July i, 1885.] 

§ 6. A warrant shall thereupon be issued in duplicate by the 
clerk to some suitable person, a resident of the State, to be desig- 
nated by the judge, authorizing him or her to take in charge and 
care the dependent boy named in said order, and convey him to 
the training school for boys to which he is to be committed, and 
said warrant shall be substantially as follows : 

State of Illinois, 
County. ^ ^^• 



The People of the State of Illinois, to : 

You are hereby authorized to take forthwith into your charge 
and care , aged years, who has been declared a depend- 
ent boy, and convey him to the (as the case may be) training 

school for boys, and of this warrant you are commanded to make 
due return to this court after its execution. 

Witness my hand and the seal of the Court of County, 

this day of , A. D. . 

(Seal of court.) , 

Clerk of Court of — — • County. 



TEAINTNG SCHOOL FOE BOYS. 309 

This warrant, with the receipt thereon, shall be returned to the 
clerk to be filed by him with the other papers relating to the case, 
and this warrant shall be a sufficient and competent authority for 
the proper officers and agents of the training school for boys to 
which it is directed to receive, keep and detain the person therein 
named, and a duplicate copy thereof shall be delivered to the su- 
perintendent or other proper officer of such school, to be kept by 
him at the school, which duplicate shall have thereon a full copy 
of all endorsements made upon the one returned to court, and to 
be recorded by him in a book kept for that purpose, and said book 
shall always be open to the inspection of any person. 

§ 7. Upon receiving the dependent boy the superintendent of 
the school shall endorse upon the warrant referred to in the pre- 
ceding section a receipt as follows : 

(As the case may be.) Training School for Boys. 

Received this day of , A. D., i8 — , the boy named 

in this warrant. 

[Seal of School.]' , Superintendent. 

§ 8. The fees for conveying a dependent boy to a training 
school for boys shall be the same as for conveying a juvenile of- 
fender to the reform school for juvenile offenders at Pontiac, in 
this State, and they shall be paid by the counties from which such 
dependent boys are sent, unless they are paid by the parent or 
guardian. 

§ 9. For clothing, tuition, maintenance and care of dependent 
boys the county from which they are sent shall pay the training 
school for boys to which they may be committed as follows : For 
each dependent boy, ten dollars ($io) per month. 

Provided, that no boy shall be committed whose age shall be 
over seventeen years, and upon the proper officer rendering proper 
accounts therefor, quarterly, the county board shall allow and 
order the same paid out of the county treasury: Provided, that 
no charge shall be made against any county by any training school 
for boys on account of any dependent boy in the care thereof who 
shall have been by said school put out to trade or employment, or 
for adoption, after he shall have been and as long as he shall re- 
main so put out. [As amended by act approved March 28, 1895, 
in force July i, 1895.] 

§ 10. The officers and managers of any training school for boys 
in this State shall receive into such school all boys not idiotic and 



310 ACTS DELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

not afflicted with a contagious disease committed thereto under the 
provisions of this act, shall have the exclusive custody, care and 
guardianship of such boys, shall provide for their support and 
comfort, instruct them in such branches of useful knowledge as 
may be suited to their years and capacities, and shall cause them 
to be taught or trained in some trade or industrial pursuit. And 
•for the purpose of their education and training, and that they may 
assist in their own support, they shall be required to perform such 
tasks suitable to their years and sex as may be prescribed by such 
officers and managers, and as may be reasonable and proper. 

§ II. Any boy committed under the provisions of this act to a 
training school for boys, may, by the officers and managers of said 
school, be placed in the home of any good citizen, upon such terms 
and for such purpose and tim.e as may be agreed upon, or he may 
be given to any suitable person of good character who will adopt 
him, or he may be bound to any reputable citizen as an apprentice 
to learn any trade, or as servant to follow any employment which, 
in the judgment of said officers and managers, will be for his ad- 
vantage ; and all and singular of the provisions of the act entitled 
"An act to revise the law in relation to apprentices," approved 
February 25, 1874, in force July i, 1874, in so far as they are ap- 
plicable, shall apply to and be binding upon such officers and man- 
agers, and upon such boy and upon the person to whom such boy 
may be bound : Provided, that any disposition made of any boy 
under this act shall not bind him beyond his majority. And, pro- 
vided, further, that such officers and managers shall have a super- 
vising care over such boy after he shall be so put out, to see that 
he is properly treated and cared for ; and, in case such boy is 
cruelly treated, or is neglected, or the terms upon which he shall 
have been put out to any person be not observed, then it shall be 
the duty of such officers and managers to take and receive such 
boy again into the custody, care and protection of said training 
school. And said officers and managers shall have power to re- 
claim any boy put out to any person under the terms of this act 
without the consent of the person to whom the boy may be so put 
out, whenever, in the judgment of the said officers and managers, 
the boy shall be cruelly treated, neglected in training, proper in- 
struction or otherwise, or not properly cared for. 

§ 12. Any boy committed to a training school for boys, under 
the provisions of this act, may be discharged therefrom at any 



EASTERN ILLINOIS STATE NOEMAL SCHOOL. 



311 



time in accordance with the rules thereof when, in the judgment 
of the officers and managers, the good of the boy or the good of 
the school would be promoted by such discharge, and the governor 
may at any time order the discharge of any boy committed to a 
training school under the provisions of this act. 

§ 13. All training schools for boys in this State organized 
under this act shall be subject to the same visitation^ inspection and 
supervision of the Board of State Commissioners of Public Char- 
ities as the charitable institutions of the State. [As amended by 
act approved March 28, 1895, in force July i, 1895.] 

§ 14. The court committing any boy to a training school under 
the provisions of this act shall have power at any time after mak- 
ing such commitment, upon proper showing, to order the discharge 
of the boy or his restoration to his parents. And shall also have 
power generally to make all orders relative to boys committed by 
such court in order to apply the benefits of this act to such boys, 
and for the purpose of reclaiming such boys, the court may send 
its writ to any county in this State. Appeals as in other cases 
shall be allowed from all final orders made by such court under this 
act. [Added by act approved June 23, 1885, in force July i, 1885.] 

EASTERN ILLINOIS STATE NORMAL SCHOOL. 



1. Created. 

2. Objects. 

3. Number of trustees. 

4. Trustees — Term — Time 

and manner of appoint- 
ment. 

5. First meeting of trustees — 

Treasurer. 

6. Treasurer's duties. 

7. Interest of members, etc. in 

contracts, etc., forbidden. 

8. Accounts — Time and manner 

of settlement — Report. 



§ 9. Meetings of board. 

10. Location of school. 

11. Building plans. 

12. Powers of trustees. 

13. Gratuitous instruction — ^Ad- 

missions. 

14. Appropriation. 

15. State charges — B x p e n s e s 

charged against pupils. 

16. Governor's orders. 

17. Trustees' expenses. 



An Act to establish and maintain the Eastern Illinois State Nor- 
mal School. [Approved May 22, 1895, in force July i, 1895.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly,: That a body politic and 
corporate is hereby created, by the name of the Eastern Illinois 



312 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

State Normal School, to have perpetual succession with power to 
contract and be contracted with, to sue and be sued, to plead and 
be impleaded, to receive by any legal mode or transfer or con- 
veyance property of any description, and to have and hold and 
enjoy the same ; also to make and use a corporate seal with power 
to break or change the same, and adopt by-laws, rules and regula- 
tions for the government of its members, official agents and em- 
ployes : Provided, such by-laws shall not conflict with the Con- 
stitution of the United States or of this State. 

§ 2. The object of the said Eastern Illinois State Normal 
School shall be to qualify teachers for the common schools of this 
State by imparting instruction in the art of teaching in all branches 
of study which pertain to a common school education ; in the ele- 
ments of the natural and of the physical sciences; in the funda- 
mental laws of the United States and of the State of Illinois, in 
regard to the rights and duties of citizens. 

§ 3. The powers of the said corporation shall be vested [in] 
and its duties performed by, a board of trustees, not exceeding five 
in number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, shall appoint five (5) 
citizens who shall be residents of the State of Illinois, as trus- 
tees of said institution, two of whom shall serve for two (2) 
years and three (3) for four (4) years, and until their successors 
are appointed and enter on duty; and successors in each class 
shall be appointed in a like manner for four (4) years : Pro- 
vided, that in case of a vacancy by death or otherwise, the 
Governor shall appoint a successor for the remainder of the 
term vacated : Provided, that no two (2) members of said 
board shall be residents of any one county. The Superintend- 
ent of Public Instruction shall be a trustee of said school, 
ex-ofUcio. [As amended by act approved and in force Feb. 18, 
1897.] 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body as president and an- 
other as secretary, and cause a regular record to be made and kept 
of all their proceedings. The said board shall also, whenever his 
services shall be required, appoint a treasurer, not a member of the 
board, who shall give bonds to the People of the State of Illinois 



EASTERN" ILLINOIS STATE NOKMAL SCHOOL. 313 

in double the amount of the largest sum likely to come into his 
hands, the penalty to be fixed by the board, conditioned for the 
faithful discharge of his duties as treasurer, with two or more se- 
curities ; the treasurer may also be required to execute bonds from 
time to time as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of 
every kind purchased shall be kept and reported, so as to show the 
kind, quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board shall 
be a party to, or interested in, any contract for materials or sup- 
plies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person 
or persons as may be designated by law for that purpose. And 
the trustees shall, ten days previous to each regular session of the 
General Assembly, submit to the Governor a report of all their ac- 
tions and proceedings in the. execution of their trust, with a state- 
ment of all accounts connected therewith, to be by the Governor 
laid before the General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as 
much oftener as may be necessary, and thereafter the meetings 
shall be at the school. 

§ 10. The trustees shall, as soon as practicable after their ap- 
pointment, arrange to receive from the localities desiring to secure 
the location of said school, proposals for donation of a site, of not 
less than forty acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advanta- 
geous conditions, all things considered, in that portion of the State 
lying north of the Baltimore & Ohio Southwestern Railroad, and 
south of the Wabash Railway, and east of the main line of the Illi- 
nois Central Railroad, and the counties through which said roads 
run, with a view of obtaining a good water supply and other con- 
veniences for the use of the institution. 

§ II. Upon the selection and securing of the land aforesaid, 
the trustees shall proceed to secure plans, and to contract for the 
erection of buildings in which to furnish educational facihties for 
such number of students as hereinafter provided for, together with 
the out-houses required for use ; also for the improvement of the 



314 ACTS RELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

land SO as to make it available for the use of the institution. The 
buildings shall not be more than two stories in height, and be con- 
structed upon the most approved plans for use, and shall be of 
sufficient capacity to accommodate not less than one thousand stu- 
dents, with the officers and necessary attendants. The outside 
walls to be of hewn stone or brick, partition walls of brick, or 
equally good fire-proof material ; roof of slate, and the whole build- 
ings made fire-resisting, and so constructed as to be warmed 
in the most healthful and economical manner, with ample ven- 
tilation in all its parts. The out-houses shall be so placed and 
constructed as to avoid all danger to the main buildings from 
fire originating in any one of them. The board shall appoint a 
trustworthy and competent superintendent of the buildings 
■and improvements aforesaid, whose duty it shall be to be al- 
ways present during the progress of the work, and see that 
every brick, stone and piece of timber used is sound and prop- 
erly placed, and whose right it shall be to require contractors 
and their employes to conform to his directions in executing 
their contracts : Provided, hoivever, that said board of trustees 
shall not appoint any one of their number such superintend- 
ent: And, provided further, that the buildings aforesaid may 
be erected and improvements made under the direction of the 
board and superintendent, without letting the same to con- 
tractors. 

§ 12. The said board of trustees shall appoint instructors, to- 
gether with such other officers as may be required in the said nor- 
mal schools, fix their respective salaries and prescribe their several 
duties. They shall also have power to remove any of them for 
proper cause after having given ten days' notice of any charge 
which may be duly presented, and reasonable opportunity of de- 
fense. They shall also prescribe the text-books, apparatus and 
furniture to be used in the school, and provide the same, and shall 
make all regulations necessary for this management. 

§ 13. All the counties of the State shall be entitled to gratui- 
tous instructions for two pupils for each county in said normal 
school, and each representative district shall be entitled to gratui- 
tous instructions for a number of pupils equal the number of rep- 
resentatives in said district, to be chosen in the folloAving manner : 
The superintendent of schools in each county shall receive and 
register the names of all applicants for admission in said normal 



EASTERN ILLINOIS STATE NOEMAL SCHOOL. 315 

school, and shall present the same to the county court, or in coun- 
ties acting under township organization, to the board of super- 
visors, as the case may be, shall, together with the superintendent 
of schools, examine all applicants so presented, in such manner as 
the board of trustees may direct; and from the number of such 
as shall be found to possess the requisite qualifications, such pupils 
shall be selected by lot ; and in representative districts composed of 
more than one county, the superintendent of schools and county 
judge, or the superintendent of schools and the chairman of the 
board of supervisors in counties acting under township organiza- 
tion, as the case may be, of the several counties composing such 
representative district, shall meet at the clerk's office of the county 
court of the oldest county, and from the applicants so presented 
to the county court or board of supervisors of the several counties 
represented, and found to possess the requisite qualifications, shall 
select by lot the pupils to which said district is entitled. The board 
of trustees shall have discretionary power, if any candidate does 
not sign and file with the secretary of the board a declaration that 
he or she will teach in the public schools within the State not less 
than three years, in case that engagements can be secured by rea- 
sonable efforts, to require the candidate to provide for the pa5^ment 
of such fees for tuition, as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, to supply the necessary furniture for the same, 
and for the first year's instruction, the sum of fifty thousand dol- 
lars is hereby appropriated out of the State treasury, payable on 
the orders of said board, as required for use, in sums not exceed- 
ing ten thousand dollars per month ; the first payment to be made 
on the first day of July, 1896, and subsequent payments shall be 
accompanied by an account, sustained by vouchers, showing to the 
satisfaction of the Auditor and with the approval of the Governor, 
the expenditure of the previous payment. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture, and the necessary appliances and 
apparatus for conducting said school, and the salaries or compen- 
sation of the trustees, superintendent, assistants, agents and em- 
ployes, shall be a charge upon the State treasury; all other ex- 
penses shall be chargeable against pupils and the trustees shall 
regulate the charges accordingly. 



316 ACTS KELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

§ i6. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to 
make orders on the Auditor, directing him to issue warrants at the 
end of each quarter of the fiscal year for amounts sufficient to pay 
expenses chargeable against the State out of the above named ap- 
propriation of fifty thousand dollars, and the Auditor shall issue 
warrants accordingly, which shall be paid by the Treasurer. 

§ 17. The trustees of the institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to 
issue warrants quarterly, upon taking the affidavit of the trustees 
as to the actual time employed, and their personal and traveling ex- 
penses. 



NORTHERN ILLINOIS STATE NORMAL SCHOOL. 



1. Created. 

2. Objects. 

3. Trustees. 

4. Trustees — Term — Appoint- 

ment. 

5. First meeting of trustees — 

Treasurer. 

6. Treasurer's duties. 

7. Interest of members in con- 

tracts, etc., forbidden. 

8. Accounts — Time and manner 

of settlement. 



§ 9. Meetings. 

10. Location of school. 

11. Land and building contracts. 

12. Powers of trustees. 

13. Instruction — Admissions. 

14. Appropriation. 

15. State charges and expenses 

charged to pupils. 

16. Governor's orders. 

17. Trustees — Expenses. 



An Act to establish and to maintain the Northern Illinois State 
Normal School. [Approved May 22, 1895, in force July i, 
1895-] 

Section i. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Northern Illinois State 
Normal School, to have perpetual succession, with power to con- 
tract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or con- 
veyance property of any description, and to have and hold and 
enjoy the same ; also to make and use a corporate seal with power 
to break or change the same, and adopt by-laws, rules and regu- 
lations for the government of its members, official agents and em- 



NOKTHEEN ILLINOIS STATE NOEMAL SCHOOL. 317 

ployes : Provided, such by-laws shall not conflict with the Con- 
stitution of the United States or of this State. 

§ 2. The object of the said Northern Illinois State Normal 
School shall be to qualify teachers for the common schools of this 
State by imparting" instruction in the art of teaching in all 
branches of study which pertain to a common school education, in 
the elements of the natural and of the physical sciences, in the 
fundamental laws of the United States and of the State of Illinois, 
in regard to the rights and duties of citizens. 

§ 3. The powers of the said corporation shall be vested 
and its duties performed by, a board of trustees, not exceeding 
five in number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate, 
and by and with the advice of the Senate, appoint five citizens of 
the State as trustees of said institution, two of whom shall serve 
for two years, and three for four years, and until their successors 
are appointed and enter on duty, and successors in each class shall 
be appointed in like manner for four years : Provided, that in case 
of a vacancy by death or otherwise, the Governor shall appoint 
a successor for the remainder of the term vacated : Provided, 
that no two members of said board shall be residents of any one 
county, or in one congressional district. The Superintendent of 
Public Instruction shall be a trustee of this school, ex-ofUcio. 

§ 5. The said trustees shall hold their first meeting at , 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body as president and another 
as secretary, and cause a regular record to be made and kept of all 
their proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer, not a member of the board, 
who shall give bonds to the People of the State of Illinois in 
double the amount of the largest sum likely to come into his hands, 
the penalty to be fixed by the board, conditioned for the faithful 
discharge of his duties as treasurer, with two or more securities ; 
the treasurer may also be required to execute bonds from time to 
time as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out ; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board shall be 
a party to or interested in any contract for materials or supplies. 



318 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person 
or persons as may be designated by law for that purpose. And the 
trustees shall, ten days previous to each regular session of the Gen- 
eral Assembly, submit to the Governor a report of all their actions 
and proceedings in the execution of their trust, with a statement of 
all accounts connected therewith, to be by the Governor laid before 
the General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as 
much oftener as may be necessary, and thereafter the meetings 
shall be at the school. 

§ ID. The trustees shall, as soon as practicable after their ap- 
pointment, arrange to receive from the localities desiring to secure 
the location of said school, proposals for the donation of a site, of 
not less than forty acres of ground, and other valuable considera- 
tions, and shall locate the same in the place offering the most ad- 
vantageous conditions, all things considered, as nearly central as 
possible in that portion of the State lying north of the main line 
of the C. R. I. 8l P. R. R., with a view of obtaining a good water 
supply and other conveniences for the use of the institution. 

§ II. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans and to contract for the erec- 
tion of buildings in which to furnish educational facilities for such 
number of students as hereinafter provided for, together with the 
outhouses required for use, also for the improvement of the land so 
as to make it available for the use of the institution. The building 
shall not be more than two stories in height, and be constructed 
upon the most approved plan for use, and shall be of sufficient 
capacity to accommodate not less than one thousand students, with 
the officers and necessary attendants. The outside walls to be 
of hewn stone or brick; partition walls of brick, or equally good 
fire-proof material; roof of slate, and the whole buildings made 
fire-resisting, and so constructed as to be warmed in the most 
healthful and economical manner, with ample ventilation in all its 
parts. The outhouses shall be so placed and constructed as to 
avoid all danger to the main buildings from fire originating in any 
one of them. The board shall appoint a trustworthy and compe- 
tent superintendent of the buildings and improvements aforesaid, 
whose duty it shall be to be always present during the progress 



NOETHERJ5" ILLINOIS STATE NOEMAL SCHOOL, 319 

of the work and see that every brick, stone and piece of timber 
used is sound and properly placed, and whose right it shall be to re- 
quire contractors and their employes to conform to his directions 
in executing their contracts : Provided, however, that said board 
of trustees shall not appoint any one of their number such superin- 
tendent : And, provided fiirther, that the buildings aforesaid may 
be erected and improvements made under the direction of the board 
and superintendent without letting the same to contractors. 

§ 12, The said board of trustees shall appoint instructors, to- 
gether with such other officers as may be required in the said 
normal schools, fix their respective salaries and prescribe their 
several duties. They shall also have power to remove any of them 
for proper cause after having given ten days' notice of any charge 
which may be duly presented, and reasonable opportunity of de- 
fense. They shall also prescribe the text books, apparatus and 
furniture to be used in the school and provide the same, and shall 
make all regulations necessary for this management, 

§ 13, All the counties of the State shall be entitled to gratuitous 
instructions for two pupils for each county in said normal school, 
and each representative district shall be entitled to gratuitous in- 
struction for a number of pupils equal to the number of representa- 
tives in said district, to be chosen in the following manner : The 
superintendent of schools in each county shall receive and register 
the names of all applicants for admission in said normal school, 
and shall present the same to the county court, or in counties 
acting under township organization, to the board of supervisors, 
as the case may be, shall, together with the superintendent of 
schools, examine all applicants so presented, in such manner as the 
board of trustees may direct, and from the number of such [as] 
shall be found to possess the requisite qualifications, such 
pupils shall be selected by lot, and in representative districts 
composed of more than one county, the superintendent of 
schools and county judge, or the superintendent of schools and 
the chairman of the board of supervisors in counties acting 
under township organization, as the case may be, of the sev- 
eral counties composing such representative district shall meet 
at the clerk's office of the county court of the oldest county, 
and from the applicants so presented to the county court or 
board of supervisors of the several counties represented, and 
found to possess the requisite qualifications, shall select by lot 



320 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

the pupils to which said district is entitled. The board of trus- 
tees shall have discretionary power, if any candidate does not 
sign and file with the secretary of the board a declaration that he 
or she will teach in the public schools within the State not less 
than three years, in case that engagements can be secured by 
reasonable efforts, to require the candidate to provide for the pay- 
ment of such fees for tuition as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, to supply the necessary furniture for the same, and 
for the first year's instruction, the sum of fifty thousand dollars is 
hereby appropriated out of the State treasury, payable on the orders 
of said board, as required for use, in sums not exceeding ten 
thousand dollars per month, the first payment to be made on the 
first day of July, 1896, and subsequent payments shall be accompa- 
nied by an account, sustained by vouchers, showing to the satis- 
faction of the Auditor the expenditure of the previous payment, 
and approved by the Governor. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture, and the necessary appliances and ap- 
paratus for conducting said school, and the salaries or compensa- 
tion of the trustees, superintendent, assistants, agents and em- 
ployes, shall be a charge upon the State treasury; all other ex- 
penses shall be chargeable against pupils, and the trustees shall 
regulate the charges accordingly. 

§ 16. If the building and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to 
make orders on the Auditor, directing him to issue warrants at the 
end of each quarter of the fiscal year for amounts sufficient to pay 
expenses chargeable against the State out of the above named ap- 
propriation of fifty thousand dollars, and the Auditor shall issue 
warrants accordingly, which shall be paid by the treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to 
issue warrants quarterly, upon taking the affidavit of the trustees 
as to the actual time employed, and their personal and traveling 
expenses. 



WESTERN ILLINOIS STATE NOEMAL SCHOOL. 



321 



WESTERN ILLINOIS STATE NORMAL SCHOOL. 



§ 1. Created. 

2. Object. 

3. Trustees — ^Appointment. 

4. Trustees — Term. 

5. First meeting of trustees — 

Treasurer. 

6. Treasurer's duties. 

7. Interest in contract, etc., by 

members forbidden. 

8. Accounts — ^Reports. 

9. Meetings. 



§ 10. Location of school. 

11. Building contracts, etc. 

12. Powers of trustees. 

13. Instruction — Admissions — 

Teaching. 

14. Appropriation. 

15. State charge — Expenses to 

pupils. 

16. Authority for Auditor's war- 

rants. 



An Act to establish and maintain the Western Illinois State Nor- 
mal School. [Approved April 24, 1899, in force July i, 1899. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Western Illinois State 
Normal School, to have perpetual succession, with power to con- 
tract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or con- 
veyance property of any description, and to have and hold and 
enjoy the same ; also to make and use a corporate seal with power 
to break or change the same; to adopt by-laws, rules and regu- 
lations for the government of its members, official agents and em- 
ployes: Provided, such by-laws shall not conflict with the Con- 
stitution of the United States or of this State. 

§ 2. The object of the said Western Illinois State Normal 
School shall be to qualify teachers for the common schools of this 
State by imparting instruction in the art of teaching in all branches 
of study which pertain to a common school education, and such 
other studies as the board of trustees may from time to time pre- 
scribe. 

§ 3. The powers of the said corporation shall be vested in, 
and its duties performed by, a board of trustees, not exceeding 
five in number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate, 
and by and with the advice of the Senate appoint, five citizens of 
the State as trustees of said institution, two of whom shall serve 
for two years, and three for four years, and until their successors 
are appointed and enter on duty ; and successors in each class shall 
21 



322 ACTS RELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

be appointed in like manner for four years : Provided, however, 
that in case of a vacancy by death or otherwise, the Governor shall 
appoint a successor for the remainder of the term vacated : And, 
provided further, that no two members of said board of trustees 
shall be residents of any one county. The superintendent of pub- 
lic instruction shall be a trustee of said school, ex-ofUcio. 

§ 5. The board of trustees shall hold their first meeting at , 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body president, another secre- 
tary, and cause a regular record to be made and kept of all their 
proceedings. The board of trustees shall also appoint a treasurer, 
not a member of said board, who shall give bonds to the people of 
the State of Illinois in double the amount of the largest sum likely 
to come into his hands, the penalty to be fixed by the board of trus- 
tees, conditioned for the faithful discharge of his duties as treas- 
urer, with two or more persons as securities. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out ; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer or agent of the board of trustees shall 
be a party to or interested in any contract for materials and sup- 
plies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts. The board of trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and 
proceedings in the execution of their trust, with a statement of all 
accounts connected therewith, to be by the Governor laid before 
the General Assembly. 

§ 9. The board of trustees shall meet quarterly at such place or 
places as may be agreed on, and, until the building is completed, as 
much oftener as may be necessary, but thereafter the meetings 
shall be at the school. 

§ 10. The board of trustees shall, as soon as practicable after 
their appointment, arrange to receive from the localities desiring 
to secure the location of said school, proposals for donation of a 
suitable site and other valuable considerations, and shall locate the 
same in the place offering the most advantageous conditions, all 
things considered, as nearly central as possible in that portion of 



WESTEEN ILLINOIS STATE NORMAL SCHOOL. d2b 

the State lying west of the fourth principal meridian, in what is 
known as the "military tract," with a view of obtaining a good 
water supply and other conveniences for the use of said institution. 

§ II. Upon the selection and securing of the land aforesaid the 
board of trustees shall proceed to secure plans and to contract for 
the erection of a building in which to furnish educational facilities 
for such number of students as hereinafter provided for ; also for 
the improvement of the land, so as to make it available for the use 
of the institution. The building shall be constructed upon the 
most approved plans for use, and shall be of sufficient capacity to 
accommodate not fewer than five hundred students, with the of- 
ficers and necessary attendants. The outside walls to be of stone 
or brick, partition walls of brick, and the entire building made fire- 
resisting and so constructed as to be warmed in the most healthful 
and economical manner, with ample ventilation in all its parts. 
Said plans shall be accompanied by specifications and an itemized 
statement of the amount required for the erection and completion 
of the building in accordance therewith ; but no plans nor 
specifications shall be adopted by the board of trustees until 
the same shall have been submitted to and approved by the 
Governor. 

The board of trustees shall appoint a competent and trustworthy 
superintendent of the building and improvements aforesaid, whose 
duty it shall be to be present during the progress of the work and 
to see that every brick, stone and piece of timber used is sound 
and properly placed, and whose right it shall be to require con- 
tractors and their employes to conform to his directions in execut- 
ing their contracts : Provided, however, that said board of trustees 
shall not appoint any one of its number such superintendent : And, 
provided further, that the building aforesaid may be erected and 
the improvements made under the direction of the board of trustees 
and superintendent without letting the same to contractors. 

§ 12. The board of trustees shall appoint instructors and such 
officers as may be required in said school, fix their respective sal- 
aries, prescribe their several duties, and shall have power to re- 
move any of them for proper cause. 

It shall prescribe the text books, apparatus and furniture to be 
used in said school, and provide the same, and shall make all rules 
and regulations necessary for its management. 

§ 13. Each county in the State shall be entitled to gratuitous 



324 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

instruction for one pupil in said school, to be chosen in the follow- 
ing manner: The superintendent of schools in each county shall 
receive and register the names of all applicants for admission to 
said school, and shall examine said applicants at such time and in 
such manner as the board of trustees may direct, and the applicant 
found to possess the highest qualifications shall be accepted as the 
pupil to which said county is entitled. The board of trustees shall 
have the power, if such pupil does not sign and file with the secre- 
tary of the board of trustees a declaration that he or she will teach 
in the public schools within this State not fewer than three years, 
in case that engagements can be secured by reasonable efforts, to 
require said pupil to provide for the payment of such fees for tui- 
tion as the board of trustees may prescribe. 

§ 14. To enable the board of trustees to erect said building, to 
supply the necessary furniture for the same, to improve said land 
and for the first year's instruction, the sum of seventy-five thou- 
sand dollars is hereby appropriated out of the State treasury, pay- 
able on the orders of said board of trustees as required for use, in 
sums not to exceed ten thousand dollars per month, the first pay- 
ment to be made on the first day of July, 1900, and subsequent 
payments shall be accompanied by an account, sustained by 
vouchers, showing to the satisfaction of the Auditor, and with the 
approval of the Governor, the expenditure of the previous pay- 
ment. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture, the necessary apparatus for conduct- 
ing said school, the salaries or compensation of the trustees, su- 
perintendents, assistants, agents and employes shall be a charge 
upon the State treasury; all other expenses shall be chargeable 
against the pupils of said school, and the board of trustees shall 
regulate the charges accordingly. 

§ 16. The trustees of said school shall receive only their per- 
sonal and traveling expenses, and the Auditor is hereby authorized 
to issue warrants quarterly, upon presentation of itemized state- 
ments of such accounts by said trustees, verified by affidavits, as to 
their actual personal and traveling expenses. 



SOTTTHEKN ILLINOIS NOEMAL UNIYEKSITT. 



325 



§ 10 


Location of university. 


11. 


Btection of buildings. 


12. 


Appointment of instructors. 


13. 


Two pupils from each 




county. 


14. 


Appropriation. 


15. 


Expenses of maintenance. 


16. 


Warrants to pay expenses. 


17. 


Expenses of trustees. 


18. 


Emergency. 



SOUTHERN ILLINOIS NORMAL UNIVERSITY. 



1. Corporation created. 

2. Objects. 

3. Powers of corporation. 

4. Trustees. 

5. Election of officers. 

6. Duty of treasurer. 

7. Officers not to be interested 

in contracts. 

8. Accounts. 

9. Quarterly meetings. 



An Act to establish and maintain the Southern Illinois Normal 
University. (See Laws of 1869, p. 34; Laws of 1871-2, 
p. 274; Laws of 187^, p. 103.) 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Southern Illinois Nor- 
mal University, to have perpetual succession, with power to con- 
tract, and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive, by any legal mode of transfer or conveyance, 
property of any description, and to have, hold and enjoy the same, 
with the rents and profits thereof, and to sell and convey the 
same ; also, to make and use a corporate seal with power to break 
or change the same, and to adopt by-laws, rules and regulations for 
the government of its members, officers, agents and employes : 
Provided, such by-laws shall not conflict with the Constitution of 
the United States or of this State. 

§ 2. The objects of the said Southern Illinois Normal Uni- 
versity shall be to qualify teachers for the common schools of this 
State Dy imparting instruction in the art of teaching in all branches 
of study which pertain to a common school education, in the ele- 
ments of the natural sciences, including agricultural chemistry, 
animal and vegetable physiology, in the fundamental laws of the 
United States, and of the State of Illinois, in regard to the rights 
and duties of citizens, and such other studies as the board of edu- 
cation may, from time to time, prescribe. 

§ 3. The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 



326 ACTS RELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

§ 4, Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, appoint five citizens of 
the State as trustees of said institution, two of whom shall serve 
for two years, and three for four years, and vmtil their successors 
are appointed and enter on duty, and successors in each class shall 
be appointed in like manner for four years : Provided, that in case 
of a vacancy by death or otherwise, the Governor, shall appoint a 
successor for the remainder of the term vacated : Provided, that 
not more than two members of said board shall be residents of any 
one county. 

§ 5. The said trustees shall hold their first meeting at Centralia, 
within one month after the passage of this act, at which meeting 
they shall elect one of their body as president and another as secre- 
tary; and cause a regular record to be made and kept of all their 
proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer not a member of the board, 
who shall give bonds to the People of the State of Illinois in double 
the amount of the largest sum likely to come into his hands, the 
penalty to be fixed by the board, conditioned for the faithful dis- 
charge of his duties as treasurer, with two or more securities ; the 
treasurer may also be required to execute bonds from time to time 
as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of 
every kind purchased shall be kept and reported, so as to show the 
kind, quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board shall 
be a party to or interested in any contract for materials, supplies 
or services other than such as pertain to their positions and duties. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the 
trustees shall, ten days previous to each regular session of the 
General Assembly, submit to the Governor a report of all their ac- 
tions and proceedings in the execution of their trust, with a state- 
ment of all accounts connected therewith, to be by the Governor 
laid before the General Assembly. 

§ 9. The said board shall meet quarterly at such places or place 
as may be agreed on, and, until the buildings are completed, as 
much oftener as may be necessary; and thereafter the meetings 
shall be at the university. 



SOUTHERN ILLINOIS NOKMAL UNIVERSITY. 327 

§ TO. The trustees shall, as soon as practicable, advertise for 
proposals from localities desiring to secure the location of said 
normal university, and shall receive for not less than three 
months from the date of their first advertisement, proposals from 
points situated as hereinafter mentioned, to donate lands, build- 
ings, bonds, moneys, or other valuable consideration, to the State, 
in aid of the foundation and support of said university ; and shall, 
at a time previously fixed by advertisement, open and examine 
such proposals, and locate the institution at such a point as shall, 
all things considered, offer the most advantageous conditions. The 
land shall be selected south of the railroad, or within six miles 
north of said road, passing from St. Louis to Terre Haute, known 
as the Alton and Terre Haute railroad, with a view of obtaining a 
good supply of water and other conveniences for the use of the in- 
stitution. 

§ II. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to contract for the erection of buildings in 
which to furnish educational facilities for such number of stu- 
dents as hereinafter provided for, together with the out-houses re- 
quired for use, also for the improvement of the land so as to make 
it available for the use of the institution. The buildings shall not 
be more than two stories in height, and be constructed upon the 
most approved plan for use, shall front to the east, and shall be of 
sufiiicient capacity to accommodate not exceeding three hundred 
students, with the officers and necessary attendants. The outside 
walls to be of hewn stone or brick, partition walls of brick, roofs 
of slate, and the whole buildings made fire-proof, and so con- 
structed as to be warmed in the most healthy and economical 
manner, with ample ventilation in all its parts. The out-houses 
shall be so placed and constructed as to avoid all danger to the 
main buildings from fire originating in any one of them. The 
board shall appoint an honest, competent superintendent of the 
buildings and improvements aforesaid, whose duty it shall be to be 
always present during the progress of the work, and see that every 
stone, brick and piece of timber used is sound and properly placed, 
and whose right it shall be to require contractors and their em- 
ployes to conform to his directions in executing their contracts : 
Provided, however, that said board of trustees may appoint any 
one of their number such superintendent : And, provided further, 
that the buildings aforesaid may be erected and improvements 



328 ACTS RELATING TO PLTELIC EDUCATIONAL INSTITUTIONS. 

made under the direction of the board and its superintendent, with- 
out letting the same to contractors. 

§ 12. The said board of trustees shall appoint instructors and 
instructresses, together with such other officers as may be required 
in the said normal university; jfix their respective salaries and 
prescribe their several duties. They shall also have power to re- 
move any of them for proper cause after having given ten days' 
notice of any charge which may be duly presented, and reasonable 
opportunity of defense. They shall also prescribe the text-books, 
apparatus and furniture to be used in the university and provide 
the same, and shall make all regulations necessary for its manage- 
ment. 

§ 13. All the counties shall be entitled to gratuitous instruction 
for two pupils for each county in said normal university, and each 
representative district shall be entitled to gratuitous instruction for 
a number of pupils equal to the number of representatives in said 
district, to be chosen in the following manner : The superintendent 
of schools in each county shall receive and register the names of 
all applicants for admission in said normal university, and shall 
present the same to the county court, or, in counties acting under 
township organization, to the board of supervisors, which said 
county court or board of supervisors, as the case may be, shall, to- 
gether with the superintendent of schools, examine all applicants 
so presented, in such manner as the board of trustees may direct ; 
and from the number of such as shall be found to possess the req- 
uisite qualifications, such pupils shall be selected by lot, and in 
representative districts composed of more than one county, the 
superintendent of schools and county judge, or the superintendent 
of schools and chairman of the board of supervisors in counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district, shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the number of pupils to 
which said district is entitled. The board of trustees shall have 
discretionary power, if any candidate does not sign and file with 
the secretary of the board a declaration that he or she will teach in 
the public schools within the State not less than three years, in 
case that engagements can be secured by reasonable efforts, to re- 



SOUTHERN ILLINOIS NORMAL UNIVERSITY. 329 

quire [the] candidate to provide for the payment of such fees for 
tuition as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, and to supply the necessary furniture for the same, 
the sum of seventy-five thousand dollars is hereby appropriated 
out of the State treasury, payable on the orders of said board, as 
required for use, in sums not exceeding ten thousand dollars per 
month. The first payment to be made on the first day of June 
next, and subsequent payments monthly thereafter, but each suc- 
cessive order for subsequent payments shall be accompanied by an 
account sustained by vouchers, showing, to the satisfaction of the 
Auditor, the expenditure of the previous payment. 

§ 15. The expense of building, improving, repairing and sup- 
plying fuel and furniture, and the salaries or compensation of the 
trustees, superintendent, assistants, agents and employes, shall be 
a charge upon the State treasury; all other expenses shall be 
chargeable against pupils, and the trustees shall regulate the 
charges accordingly. 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to 
make orders on the Auditor, directing him to issue warrants at the 
end of each quarter of the fiscal year for amounts sufficient to pay 
the expenses chargeable against the State, and the Auditor shall 
issue warrants accordingly, which shall be paid by the Treasurer. 

§ 17. The trustees of this institution shall receive their per- 
sonal and traveling expenses, and the Auditor is hereby authorized 
to issue his warrant quarterly, upon taking the affidavit of the 
trustees as to the actual time employed, and their personal and 
traveling expenses. 

§ 18. This act shall take effect and be in force from and after 
its passage. 

Approved March 9, 1869. 



330 ACTS EELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 



ILLINOIS STATE NORMAL UNIVERSITY, NORMAL. 



§ 1. Gorporation created. 

2. State Superintendent a 

member. 

3. Compensation. 

4. Objects. 

5. Powers of board, 

6. Appointment of instructors. 



§ 7. Each county entitled to two 
pupils. 

8. Maintenance of university. 

9. Special appropriation. 

10. Term of office. 

11. Election of president. 

12. Appointment of treasurer. 

13. Emergency. 



An Act for the establishment and maintenance of a Normal Uni- 
versity. [See Laws of 1857, page 298.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That C. B. Denio, of Jo- 
Daviess county, Simeon Wright, of Lee county, Daniel Wilkins, of 
McLean county, C. E. Hovey, of Peoria county, George B. Rex, of 
Pike county, Samuel W. Moulton, of Shelby county, John Gil- 
lespie, of Jasper county, George Bunsen, of St. Clair county, Wes- 
ley Sloan, of Pope county, Ninian W. Edwards, of Sangamon 
county, John Eden, of Moultrie county, Flavel Mosley, of Cook 
county, William H. Wells, of Cook county, Albert R. Shannon, 
of White county, and the Superintendent of Public Instruction, ex- 
oiUcio, with their associates, who shall be elected as herein pro- 
vided, and their successors are hereby created a body corporate and 
politic, to be styled "The Board of Education of the State of Illi- 
nois," and by that name and style shall have perpetual succession, 
and have power to contract and be contracted with, to sue and be 
sued, to plead and be impleaded, to acquire, hold and convey real 
and personal property; to have and use a common seal, and to 
alter the same at pleasure ; to make and establish by-laws and alter 
or repeal the same as they shall deem necessary for the govern- 
ment of the normal university hereby authorized to be estab- 
lished, or any of its departments, officers, students or em- 
ployes, not in conflict with the constitution and laws of this 
State or of the United States; and to have and exercise all 
powers, and be subject to all duties usual and incident to trus- 
tees of corporations. 

§ 2. The Superintendent of Public Instruction, by virtue of his 
office, shall be a member and secretary of said board, and shall re- 
port to the Legislature at its regular sessions the condition and 



ILLINOIS STATE NORMAL UNIVERSITY. 331 

expenditures of said normal university, and communicate such 
further information as the said board of education or the Legis- 
lature may direct. 

§ 3. No member of the board of education shall receive any 
compensation for attendance on the meetings of the board, except 
his necessary traveling expenses, which shall be paid in the same 
manner as the instructors employed in the said normal university 
shall be paid. At all the stated and other meetings of the board, 
called by the president or secretary, or any five members of the 
board, five members shall constitute a quorum, provided all shall 
have been duly notified. 

§ 4. The objects of the said normal university shall be to qual- 
ify teachers for the common schools of this State, by imparting in- 
struction in the art of teaching, and all branches of study which 
pertain to a common school education ; in the elements of the nat- 
ural sciences, including agricultural chemistry, animal and vege- 
table physiology ; in the fundamental laws of the United States and 
of the State of Illinois, in regard to the rights and duties of cit- 
izens, and such other studies as the board of education may, from 
time to time, prescribe. 

§ 5. The board of education shall hold its first meeting at the 
office of the Superintendent of Public Instruction, on the first 
Tuesday in May next, at which meeting they shall appoint an 
agent, fixing his compensation, who shall visit the cities, villages 
and other places in the State, which may be deemed eligible for 
the purpose, to receive donations and proposals for the establish- 
ment and maintenance of the normal university. The board shall 
have power, and it shall be their duty to fix the permanent loca- 
tion of said normal university, at the place where the most favor- 
able inducements are offered for that purpose : Provided, that 
such location shall not be difficult of access, or detrimental to the 
welfare and prosperity of said normal university. 

§ 6. The board of education shall appoint a principal, lecturer 
on scientific subjects, instructors and instructresses, together with 
such other officers as shall be required in the said normal univer- 
sity ; fix their respective salaries and prescribe their several duties. 
They shall also have power to remove any of them for proper 
cause, after having given ten days' notice of any charge, which 
may be duly presented, and reasonable opportunity of defense. 
They shall also prescribe the text books, apparatus and furniture 



332 ACTS KELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

to be used in the university, and provide the same ; and shall make 
all regulations necessary for its management. And the board 
shall have power to recognize auxiliary institutions when deemed 
practicable: Provided, that such auxiliary institutions shall not 
receive any appropriation from the treasury, or the seminary or 
university fund, 

§ 7. Each county in the State shall be entitled to gratuitous in- 
struction for one* pupil in said normal university ; and each repre- 
sentative district shall be entitled to gratuitous instruction for a 
number of pupils equal to the number of representatives in said 
district, to be chosen in the following manner : The school com- 
missioner [county superintendent] in each county shall receive 
and register the names of all applicants for admission to said nor- 
mal university, and shall present the same to the county court, or, 
in counties acting under township organization, to the board of 
supervisors, which said county court or board of supervisors, as 
the case may be, shall, together with the school commissioner, 
examine all applicants so presented, in such a manner as the board 
of education may direct, and from the number of such as shall be 
found to possess the requisite qualifications, such pupils shall be 
selected by lot; and in representative districts composed of more 
than one county, the school commissioner and the county judge, 
or the school commissioner and chairman of the board of super- 
visors, in counties acting under township organization, as the 
case may be, of the several counties composing such representative 
district, shall meet at the clerk's office of the county court of the 
oldest county, and from the applicants so presented to the county 
court, or board of supervisors, of the several counties represented, 
and found to possess the requisite qualifications, shall select by lot 
the number of pupils to which said district is entitled. The board 
of education shall have discretionary power, if any candidate does 
not sign and file with the secretary of the board a declaration that 
he or she will teach in the public schools within the State, in case 
that engagements can be secured by reasonable efforts, to require 
such candidate to provide for the payment of such fees for tuition 
as the board may prescribe. 

§ 8. The interest of the university and seminary fund, or such 
part thereof as may be found necessary, shall be and is hereby ap- 

*Made two by act approTed February 14, 1861. 



ILLINOIS STATE NOEMAL UNIVERSITY. 333 

propriated for the maintenance of said normal university, and shall 
be paid on the order of the board of education from the treasury of 
the State, but in no case shall any part of the interest of said fund 
be applied to the purchase of sites, or for buildings for said uni- 
versity, 

§ 9. The board shall have power to appropriate the one thou- 
sand dollars received from the Messrs. Merriam, of Springfield, 
Massachusetts, by the late Superintendent, to the purchase of ap- 
paratus for the use of the normal university, when established, and 
hereafter all gifts, grants and demises which may be made to the 
said normal university shall be applied in accordance with the 
wishes of the donors of the same. 

§ 10. The board of corporators herein named, and their suc- 
cessors, shall each of them hold their office for the term of six 
years : Provided, that at the first meeting of said board the said 
corporators shall determine by lot, so that one-third shall hold their 
office for two years, one-third for four years, and one-third for 
six years. The Governor, by and with the advice and consent of 
the Senate, shall fill all vacancies which shall, at any time, occur 
in said board, by appointment of suitable persons to fill the same. 

§ II, At the first meeting of the board, and at each biennial 
meeting thereafter, it shall be the duty of said board to elect one 
of their number president, who shall serve until the next biennial 
meeting of the board, and until his successor is elected, 

§ 12, At each biennial meeting, it shall be the duty of the board 
to appoint a treasurer, who shall not be a member of the board, 
and who shall give bond with such security as the board may direct, 
conditioned for the faithful discharge of the duties of his office, 

§ 13, This act shall take efifect on and after its passage, and be 
published and distributed as an appendix to the school law. 

Approved February i8, 1857. 



334: ACTS KELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 



THE ILLINOIS UNIVERSITY. 



1. One scholarship for each 

county. 

2. Competitive examinations. 

3. Questions for examinations. 

4. Loss of scholarship. 

5. Report of examination. 



5 6. Eligibility of candidates. 

7. Absence of student permit- 

ted. 

8. Notice of examinations. 

9. Rules and regulations. 
10. Limitation. 



An Act to provide for State scholarships in the University of Illi- 
nois, and the manner of awarding the same. [Approved 
June 24, 1895, in force July i, 1895.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That to equalize the advan- 
tages of the University of Illinois to all parts of the State, there 
shall be awarded annually, as hereinafter provided, to each county 
of the State one State scholarship, which shall entitle the holder 
thereof, who shall be a resident of the senatorial district to which 
he is accredited, to instruction in any or all departments of said 
University of Illinois for a term of four years, free from any 
charge for tuition or any incidental charge, unless such incidental 
charges shall have been made for materials used or for damages 
needlessly done to property of the University : Provided, that in 
counties having two or more senatorial districts, there shall be 
awarded annually one additional scholarship for each of said sen- 
atorial districts. 

§ 2. A competitive examination under the direction of the Su- 
perintendent of Public Instruction shall be held at the county 
court house in each county of the State upon the first Saturday of 
June in each and every year by the county superintendent of 
schools, upon such branches of study as said Superintendent of 
Public Instruction and the President of said University may deem 
best. 

§ 3- Questions for such examinations shall be prepared and 
furnished by the President of the University to the Superintendent 
of Public Instruction, who shall attend to the printing and distribu- 
tion thereof to the several county superintendents of schools prior 
to such examinations. 

§ 4. In case any candidate who shall be awarded a scholarship 
shall fail to pass the entrance examination to the University, or 



THE ILLINOIS UNIVERSITY. 335 

shall fail to claim the privileges of such scholarship, or, having 
claimed the privileges, shall be expelled, or for any reason shall 
abandon his right to, or vacate, such scholarship, either before or 
after entering thereupon, then the candidate certified to be next 
entitled in the same county shall become entitled to the same. In 
case any scholarship belonging to any county shall not be claimed 
by any candidate resident in that county, the Superintendent of 
Public Instruction may fill the same by appointing some candidate 
first entitled to a vacancy in some other county, after notice has 
been served upon the county superintendent of said first mentioned 
county. 

§ 5. The county superintendent shall, within ten days after 
such examination, make and file in the office of the Superintendent 
of Public Instruction certificates, in which they shall name all the 
candidates examined, ajid specify the order of their excellence; 
and such candidates shall, in the order of their excellence, become 
entitled to the scholarship belonging to their respective counties. 
The examination papers handed in by each candidate shall also be 
filed with the certificate of examination. 

§ 6. Candidates to be eligible to said scholarship, shall be at 
least sixteen years of age, and shall have been bona Ude residents 
of their respective counties for at least one year immediately pre- 
ceding the examination. 

§ 7. Any student holding a State scholarship, and who shall 
make it appear to the satisfaction of the President of the Univer- 
sity that he requires leave of absence for the purpose of earning 
funds to defray his expenses wtjUe in attendance, may, in the dis- 
cretion of the President, be granted such a leave of absence, and 
may be allowed a period not exceeding six years from commence- 
ment thereof for the completion of his course at said University. 

§ 8. Notice of the time and place of the examination shall be 
given in the schools having pupils eligible thereto prior to the first 
day of January in each year. The Superintendent of Public In- 
struction shall attend the giving of the notices hereinbefore pro- 
vided for. He may, in his discretion, direct that the examination 
in any county may be held at some other time and place than that 
hereinbefore specified. He shall keep full records in his depart- 
ment of the reports of the different examiners, showing the 
age, postofiice address and standing of each candidate, and 
shall notify candidates of their rights under this act. He is 



336 ACTS KELATING TO PUBLIC EDUCATIONAL INSTITUTIONS. 

hereby charged with the general supervision and direction of 
all matters in connection with the filling of such scholarships. 
He shall determine any controversy which may arise under 
this act. 

§ 9. Students enjoying the privileges of State scholarships 
shall, in common with other students of said University, be sub- 
ject to all the examinations, rules and requirements of the board 
of trustees and faculty, except as herein provided. 

§ 10. Nothing herein contained shall be construed to prevent 
the board of trustees of said University from granting such other 
free scholarships as in their discretion may be deemed best. 

CORPORATIONS AUTHORIZED TO CONFER DEGREES. 

An Act to amend section 2 of "An act concerning corporations" 
approved April 18, 18^2, in force July i, 18 J2, as amended by 
act approved June I'j, i8pj, in force July i, i8pj. [Approved 
April 21, 1899, in force July i, 1899.] 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 2 of "An act 
concerning corporations," approved April 18, 1872, in force July i, 
1872, as amended by act approved June 17, 1893, in force July i, 
1893, be and the same is hereby amended so that the same shall 
read as follows : 

§ 2. Whenever any number of persons, not less than three nor 
more than seven, shall propose to form a corporation under this 
act, they shall make a statement to that effect, under their hands 
and duly acknowledged before some officer in the manner pro- 
vided for the acknowledgments of deeds, setting forth the name of 
the proposed corporation, the object for which it is to be formed, 
its capital stock, the number of shares of which stock shall consist, 
the location of its principal office and the duration of the corpora- 
tion, not exceeding, however, ninety-nine years, which statement 
shall be filed in the office of the Secretary of State. The Secretary 
of State shall thereupon issue to such persons a license as com- 
missioners to open books for subscription to the capital stock of 
said corporation at such times and places as they may determine ; 
but no license shall be issued to two companies having the same 
name: Provided, that the Attorney General may file a bill in 
chancery in the name of the People of the State of Illinois against 



COEPOKATIONS AUTHOEIZED TO CONFER DEGREES. 337 

any corporation authorized to confer degrees, diplomas or other 
certificate or certificates of quaHfication in the science of medi- 
cine, pharmacy or dentistry which conducts a fraudulent busi- 
ness, or abuses, misuses or violates the terms of its charter, in 
any court having jurisdiction of the corporation and subject 
matter of such bill, for an injunction to restrain said corpora- 
tion from conducting its business fraudulently, or abusing, 
misusing or violating the terms of its charter, and also for the 
dissolution of said corporation, and thereupon it shall be the 
duty of the court in which said bill is filed to grant such in- 
junction and to hear and determine the same as in other cases 
in chancery : And provided further, that this act shall apply to 
schools, colleges, or universities which now or may hereafter 
be licensed in this State, notwithstanding any provisions that 
may exist in their charters. 
Approved April 21, 1899. 
23 



338 APPENDIX "a.' 



APPENDIX "A." 

CONSTITUTION OF THE UNITED STATES. 

September 17, 1787. 

Preamble. — ^We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and 
establish this constitution for the United States of America. 

Abticue I. 

1. All legislative powers herein granted shall be vested in a con- 
gress of the United States, which shall consist of a senate and house of 
representatives. 

2. First. The house of representatives shall be composed of members 
chosen every second year, by the people of the several states; and the 
electors in each state shall have the qualifications requisite for electors 
of the most numerous branch of the state legislature. 

Second. No person shall be a representative who shall not have at- 
tained to the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhabitant 
of that state in which he shall be chosen. 

Third. Representatives and direct taxes shall be apportioned among 
the several states which may be included within this union, according 
to their respective numbers, which shall be determined by adding to 
the whole number of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be made within three 
years after the first meeting of the congress of the United States, and 
within every subsequent term of ten years, in such manner as they 
shall by law direct. The number of representatives shall not exceed 
one for every 30,000, but each state shall have at least one representa- 
tive; and until such enumeration shall be made, the state of New 
Hampshire shall be entitled to choose three; Massachusetts, eight; 
Rhode Island and Providence Plantations, one; Connecticut, five; 
New York six; New Jersey, four; Pennsylvania, eight; Delaware, 
one; Maryland, six; Virginia, ten; North Carolina, five; South Caro- 
lina, five, and Georgia three.— See 14th Amendment. 

Fourth. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of election to 
fill such vacancies. 

, Fifth. The house of representatives shall choose their speaker and 
other oflBcers, and shall have the sole power of impeachment. 

3. First. The senate of the United States shall be composed of two 



CONSTITUTION OF THE UNITED STATES. 339 

senators from each state, chosen by the legislature thereof, for six 
years; and each senator shall have one vote. 

Second. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year; of the second class, at 
the expiration of the fourth year; and of the third class, at the ex- 
piration of the sixth year, so that one third may be chosen every second 
year; and if vacancies happen by resignation or otherwise, during the 
recess of the legislature of any state, the executive thereof may make 
temporary appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

Third. No person shall be a senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state 
for which he shall be chosen. 

Fourth. The vice-president of the United States shall be president 
of the senate; but shall have no vote, unless they be equally divided. 

Fifth. The senate shall choose their other officers, and also a presi- 
dent p7'o tempore in the absence of the vice-president, or when he shall 
exercise the office of president of the United States. 

Sixth. The senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the president of the United States is tried, the chief justice shall 
preside; and no person shall be convicted without the concurrence of 
two-thirds of the members present. 

Seventh. Judgment, in cases of impeachment, shall not extend fur- 
ther than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States; but the 
party convicted shall, nevertheless, be liable and subject to indictment, 
trial, judgment and punishment, according to law. 

4. First. The times, places and manner of holding elections for sen- 
ators and representatives shall be prescribed in each state by the leg- 
islature thereof; but the congress may, at any time, by law, make or 
alter such regulations, except as to the places of choosing senators. 

Second. The congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall, by law, appoint a different day. 

5. First. Each house shall be the judge of the elections, returns and 
qualifications of its own members; and a majority of each shall con- 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner and under such penalties as each 
house may provide. 

Second. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

Third. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in their 



340 APPENDIX "a. 

judgment, require secrecy; and the yeas and nays of tlie members of 
either house, on any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 

Fourth. Neither house, during the session of congress, shall, without 
the consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

6. First. The senators and representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of the 
treasury of the United States. They shall, in all cases, except treason, 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to or 
returning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

Second. No senator or representative shall, during the time for which 
he was elected, be appointed to any civil oflSce under the authority of 
the United States which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in office. 

7. First. All bills for raising a revenue shall originate in the house 
of representatives; but the senate may propose or concur with amend- 
ments, as on other bills. 

Second. Every bill, which shall have passed the house of representa- 
tives and the senate, shall, before it becomes a law, be presented to the 
president of the United States; if he approve, he shall sign it; but if 
not, he shall return it, with his objections, to that house in which it 
shall have originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such reconsideration, 
two-thirds of that house shall agree to pass the bill, it shall be sent, to- 
gether with the objections, to the other house, by which it shall like- 
wise be reconsidered, and if approved by two-thirds of that house, it 
shall become a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays; and the names of the persons 
voting for and against the bill, shall be entered on the journal of each 
house respectively. If any bill shall not be returned by the president 
within ten days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, in like manner as if he had signed it, 
unless the congress, by their adjournment, prevent its return; in which 
case, it shall not be a law. 

Third. Every order, resolution or vote, to which the concurrence of 
the senate and house of representatives may be necessary (except on a 
question of adjournment), shall be presented to the president of the 
United States; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two-thirds 
of the senate and house of representatives, according to the rules and 
limitations prescribed in the case of a bill. 

8. The congress shall have power — 

First. To lay and collect taxes, duties, imposts and excises, to pay the 
debts, and provide for the common defense and general welfare of the 



CONSTITUTION OF THE TUSTITED STATES. 341 

United States; but all duties, imposts and excises siiall be uniform 
throughout the United States. 

Second. To borrow money on the credit of the United States: 

Third. To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes: 

Fourth. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States: 

Fifth. To coin money, regulate the value thereof, and of foreign coin, 
and to fix the standard of weights and measures: 

Sixth. To provide for the punishment of counterfeiting the securities 
and current coin of the United States: 

Seventh. To establish post offices and post roads: 

Eighth. To promote the progress of science and useful arts, by secur- 
ing, for limited times, to authors and inventors, the exclusive right to 
their respective writings and discoveries: 

Ninth. To constitute tribunals inferior to the supreme court: To 
define and punish piracies and felonies committed on the high seas, 
and offenses against the law of nations: 

Tenth. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water: 

Eleventh. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years: 

Twelfth. To provide and maintain a navy: 

Thirteenth. To make rules for the government and regulation of the 
land and naval forces: 

Fourteenth. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions: 

Fifteenth. To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the states respectively 
the appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by congress: 

Sixteenth. To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, by ces- 
sion of particular states, and the acceptance of congress, become the 
seat of government of the United States, and to exercise like authority 
over all places purchased, by the consent of the legislature of the state 
in which the same shall be, for the erection of forts, magazines, arsenals, 
dock yards, and other needful buildings: and 

Seventeenth. To make all laws which shall be necessary and proper 
for carrying into' execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United States, or in 
any department or officer thereof. 

9. First. The migTation or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited 
by the congress prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

Second. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public safety 
may require it. 



342 APPENDIX "a." 

Third. No bill of attainder or ex facto law shall be passed. 

Fourth. No capitation or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be taken. 

Fifth. No tax or duty shall be laid on articles exported from any state. 
No preference shall be given, by any regulation of commerce or reve- 
nue, to the ports of one state over those of another; nor shall vessels 
bound to or from one state be obliged to enter, clear or pay duties in 
another. 

Sixth. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

Seventh. No title of nobility shall be granted by the United States, 
and no person holding any office of profit or trust under them shall, 
without the consent of the congress, accept of any present, emolument, 
office or title of any kind whatever, from any king, prince, or foreign 
state. 

10. First. No state shall enter into any treaty, alliance or confedera- 
tion; grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts; or grant any title of nobility. 

Second. No state shall, without the consent of the congress, lay any 
imposts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws; and the net produce of all 
duties and Imposts, laid by any state on imports or exports, shall be 
for the use of the treasury of the United States, and all such laws shall 
be subject to the revision and control of the congress. No state shall, 
without the consent of congress, lay any duty of tonnage, keep troops or 
ships of war in time of peace, enter into any agreement or compact 
with another state or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not admit of 
delay. 

Article II. 

1. First. The executive power shall be vested in a president of the 
United States of America. He shall hold his office during the term of 
four years, and together with the vice-president, chosen for the same 
term, be elected as follows: 

Second. Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number of 
senators and representatives to which the state may be entitled in the 
congress; but no senator or representative, or person holding an office 
of trust or profit under the United States, shall be appointed an elector. 

Third. The electors shall meet in their respective states, and vote 'by 
ballot for two persons of whom one at least shall not he an inhabitant 
of the same state with themselves. And they shall malce a list of all 
the persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of govern- 



CONSTITUTION OF THE UNITED STATES. 343 

Tuent of the United States, directed to the president of the senate. The 
president of the senate shall, in the presence of the senate and house of 
representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
president if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such m^ajority, and 
have an equal number of votes, then the house of representatives shall 
immediately choose, by ballot, one of them for president; and if no per- 
son have a majority, then from the five highest on the list the said 
house shall, in like manner, choose the president. But in choosing the 
president, the votes shall be taken by states, the representation from 
each state having one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the states, and a majority of 
all the states shall be necessary to a choice. In every case after the 
choice of the president, the person having the greatest number of votes 
of the electors shall be the vice-president. But if there should remain 
two or more who have equal votes, the senate shall choose from them 
by ballot, the vice-president. [The foregoing provisions were changed 
by the 12th Amendment] 

Fourth. The congress may determine the time of choosing the elec- 
tors, and the day on which they shall give their votes; which day shall 
be the same throughout the United States. 

Fifth. No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this constitution, shall be 
eligible to the office of president; neither shall any person be eligible to 
that office who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United States. 

Sixth. In case of the removal of the president from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the vice-president, and the 
congress may, by law, provide for the case of removal, death, resigna- 
tion, or inability, both of the president and vice-president, declaring 
what officer shall then act as president, and such officer shall act ac- 
cordingly, until the disability be removed, or a president shall be elected. 

Seventh. The president shall, at stated times, receive for his serv- 
ices a compensation which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United States 
or any of them. 

Eighth. Before he enters on the execution of his office he shall take 
the following oath or affirmation: 

I do solemnly swear (or affirm) that I will faithfully execute the 
office of president of the United States, and will, to the best of my 
ability, preserve, protect and defend the constitution of the United 
States. 

2. First. The president shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several states, when 
called into the actual service of the Un'ted States. He may require the 
opinion, in writing, of the principal officer in each of the executive de- 



344 APPENDIX "a. 

partments, upon any subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves and pardons, for 
offenses against the United States, except in cases of impeachment. 

Second. He shall have power, by and with the advice and consent of 
the senate, to make treaties, provided two-thirds of the senators pres- 
ent concur; and he shall nominate, and, by and with the advice and 
consent of the senate, shall appoint ambassadors, other public min- 
isters and consuls, judges of the supreme court, and all other officers of 
the United States, whose appointments are not herein otherwise pro- 
vided for, and which shall be established by law. But the congress may, 
by law, vest the appointment of such inferior officers, as they shall 
think proper, in the president alone, in the courts of law, or in the 
heads of departments. 

Third. The president shall have power to fill up all vacancies that 
may happen during the recess of the senate, by granting commissions, 
which shall expire at the end of their next session. 

3. He shall, from time to time, give to the congress information of 
the state of the Union; and recommend to their consideration such meas- 
ures as he shall judge necessary and expedient. He may, on extraor- 
dinary occasions, convene both houses, or either of them, and in case 
of disagreement between them, with respect to the time of adjournment, 
he may adjourn them to such time as he shall think proper. He shall 
receive ambassadors and other public ministers. He shall take care 
that the laws be faithfully executed; and shall commission all officers 
of the United States. 

4. The president, vice-president, and all civil officers of the United 
States, shall be removed from office, on impeachment for and convic- 
tion of treason, bribery, or other high crimes and misdemeanors. 

Aeticle III. 

1. The judicial power of the United States shall be vested in one 
supreme court, and in such inferior courts as the congress may, from 
time to time, ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior; and 
shall, at stated times, receive for their services a compensation, which 
shall not be diminished during their continuance in office. 

2. First. The judicial power shall extend to all cases, in law and 
equity, arising under this constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority; to 
all cases affecting ambassadors, other public ministers and consuls; 
to all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies between two 
or more states; between a state and citizens of another state; between 
citizens of different states; between citizens of the same state, claiming 
lands under grants of different states; and between a state or the citi- 
zens thereof, and foreign states, citizens or subjects. 

Second. In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a state shall be a party, the supreme 



OONSTITUTIOlSr OF THE UNITED STA.TES. 315 

court shall have original jurisdiction. In all the other cases hefore 
mentioned, the supreme court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions and under such regulations aa 
the congress shall make. 

Third. The trial of all crimes, except in cases of imi)€achment, shall 
be by jury; and such trials shall be held in the state where the said 
crimes shall have been committed; but when not committed within any 
state, the trial shall be at such place or places as the congress may by 
law have directed. 

3. First. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the tes- 
timony of two witnesses to the same overt act, or on confession in open 
court. 

Second. The congress shall have power to declare the punishment of 
treason; but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 

Aeticle IV, 

1. Full faith and credit shall be given, in each state, to the public 
acts, records and judicial proceedings of every other state. And the 
congress may, by general laws, prescribe the manner in which such acts, 
records and proceedings shall be proved, and the effect thereof. 

2. First. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

Second. A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another state, shall, 
on demand of the executive authority of the state from which he fled, 
be delivered up, to be removed to the state having jurisdiction of the 
crime. 

Third. No person held to service or labor in one state under the laws 
thereof, escaping into another, shall, in consequence of any law or reg- 
ulation therein, be discharged from such service or labor; but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

3. First. New states may be admitted by the congress of this Union; 
but no new state shall be formed or erected within the jurisdiction of 
any other state, nor any state be formed by the junction of two or 
more states, or parts of states, without the consent of the legislatures of 
the states concerned, as well as of the congress. 

Second. The congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other prop- 
erty belonging to the United States; and nothing in this constitution 
shall be so construed as to prejudice any claims of the United States or 
of any particular state. 

4. The United States shall guarantee to every state in this Union a re- 
publican form of government, and shall protect each of them against 
invasion; and on application of the legislature, or of the executive 
{when the legislature cannot be convened), against domestic violence. 



346 APPENDIX 



Article V. 

The congress, whenever two-thirds of both houses shall deem it nec- 
essary, shall propose amendments to this constitution; or, on the 
application of the legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this constitution, when 
ratified by the legislatures of three-fourths of the several states, or by 
conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by the congress: Provided, that no amend- 
ment which may be made prior to the year one thousand eight hun- 
dred and eight, shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no state, without its 
consent, shall be deprived of its equal suffrage in the senate. 

Akticle VI. 

1. First. All debts contracted, and engagements entered into, before 
the adoption of this constitution, shall be as valid against the United 
States, under this constitution, as under the confederation. 

Second. This constitution and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made under authority of the United States, shall be the supreme 
law of the land; and the judges in every state shall be bound thereby; 
anything in the constitution or laws of any state to the contrary not- 
withstanding. 

Third. The senators and representatives before mentioned, and the 
members of the several state legislatures, and all executive and judicial 
officers, both of the United States and of the several states, shall be 
bound, by oath or affirmation, to support this constitution; but no re- 
ligious test shall ever be required as a qualification to any office or 
public trust under the United States. 

Article VII. 

The ratification of the conventions of nine states shall be sufficient 
for the establishment of this constitution between the states so ratifying 
the same. 

Done in convention, by the unanimous consent of the states present, 
the seventeenth day of September, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the independence of the United 
States of America the twelfth. 



AMENDMENTS TO THE CONSTITUTION. 

I. CJongress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the free- 
dom of speech, or of the press; or the right of the people peaceably to as- 
semble, and to petition the government for a redress of grievances. 



CONSTITUTION OF THE UNITED STATES — AMENDMENTS. 347 

II. A well regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be in- 
fringed. 

III. No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner; nor in time of war, but in a manner to be 
prescribed by law. 

IV. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated; and no warrants shall issue, but upon probable cause, 
supported by oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

V. No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service, in time of war or public danger; nor shall any 
person be subject for the same offense to be twice put in jeopardy of 
life or limb; nor shall be compelled, in any criminal case, to be a wit- 
ness against himself, nor be deprived of life, liberty or property, with- 
out due process of law; nor shall private property be taken for public 
use without just compensation. 

VI. In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defense. 

VII. In suits at common law, where the value in controversy shall 
exceed $20, the right of trial by jury shall be preserved; and no fact 
tried by a jury shall be otherwise re-examined in any court of the 
United States, than according to the rules of the common law. 

VIII. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

IX. The enumeration, in the constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 

X. The powers not delegated to the United States by the constitution, 
nor prohibited by it to the states, are reserved to the states respectively, 
or to the people. 

XI. The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens or 
subjects of any foreign state. 

XII. 1. The electors shall meet in their respective states and vote by 
ballot for president and vice-president, one of whom at least shall not 
be an inhabitant of the same state with themselves; they shall name in 
their ballots the person voted for as president, and in distinct ballots 
the person voted for as vice-president; and they shall make distinct lists 
of all persons voted for as president, and of all persons voted for as 
vice-president, and of the number of votes for each, which list they shall 



34:8 APPENDIX "a." 

sign and certify, and transmit sealed to tlie seat of tlie government of 
the United States, directed to the president of the senate; the president 
of the senate shall, in the presence of the senate and house of repre- 
sentatives, open all the certificates, and the votes shall then be counted; 
the person having the greatest number of votes for president shall be 
the president, if such number be a majority of the whole number of 
electors appointed; and if no person have such majority, then from the 
persons having the highest numbers, not exceeding three, on the list of 
those voted for as president, the house of representatives shall choose 
immediately, by ballot, the president. But in choosing the president, 
the votes shall be taken by states, the representation from each state 
having one vote: a quorum for this purpose shall consist of a member 
or members from two-thirds of the states, and a majority of all the 
states shall be necessary to a choice. And if the house of representa- 
tives shall not choose a president whenever the right of choice shall de- 
volve upon them, before the fourth day of March next following, then 
the vice-president shall act as president, as in the case of the death or 
other constitutional disability of the president. 

2. The person having the greatest number of votes as vice-president, 
shall be the vice-president, if such number be a majority of the whole 
number of electors appointed; and if no person have a majority, then 
from the two highest numbers on the list the senate shall choose a vice- 
president. A quorum for the purpose shall consist of two-thirds of the 
whole number of senators, and a majority of the whole number shall 
be necessary to a choice. 

3. But no person constitutionally ineligible to the office of president 
shall be eligible to that of vice-president of the United States. 

XIII. 1. Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime, whereof the party shall have been duly convicted, 
shall exist^within the United States, or any place subject to their juris- 
diction. 

2. Congress shall have power to enforce this article by appropriate 
legislation. 

XIV. 1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States and 
of the state wherein they reside. No state shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the United 
States, nor shall any state deprive any person of life, liberty or prop- 
erty, without due process of law, nor deny to any person within its juris- 
diction the equal protection of the laws. 

2. Representatives shall be apportioned among the several states, ac- 
cording to their respective numbers, counting the whole number of per- 
sons in each state, excluding Indians not taxed. But when the right to 
vote at any election for the choice of electors for president and vice- 
president of the United States, representatives in congress, the execu- 
tive and judicial officers of a state, or the members of the legislature 
thereof, is denied to any of the male inhabitants of such state being 
twenty-one years of age and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other crime, the basis 



CX)2SrSTITUTI0N OF THE UNITED STATES AMENDMENTS. 34:9 

of representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state. 

3. No person shall be a senator or representative in congress, or 
elector of president and vice-president, or hold any office, civil or mili- 
tary, under the United States, or under any state, who, having previ- 
ously taken an oath as a member of congress, or as an officer of the 
United States, or as a member of any state legislature, or as an execu- 
tive or judicial officer of any state, to support the constitution of the 
United States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof. But congress 
may, by a vote of two-thirds of each house, remove such disability. 

4. The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any state shall assume or 
pay any debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emancipation of 
any slave; but all such debts, obligations and claims shall be held 
illegal and void. 

5. The congress shall have power to enforce, by appropriate legisla- 
tion, the provisions of this article. 

XV. 1. The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or any state on account of race, 
color or previous condition of servitude. 

2. The congress shall have power to enforce this article by appro- 
priate legislation. 



>50 APPENDIX " B.' 



APPENDIX "B." 

ACT OP CONGRESS, APRIL 18, 1818. 

Enabling the people of Illinois to form a State Constitution. 

1. Be it enacted hy the Senate and, House of Representatives of the 
United States of America, in Congress assembled, That the inhabitants 
of the territoy of Illinois be and they are hereby authorized to form 
for themselves a constitution and state government, and to assume 
such name as they shall deem proper; and the said state, when formed, 
shall be admitted into the Union upon the same footing with the orig- 
inal states, in all respects whatever. 

2. And 6e it further enacted. That the said state shall consist of all 
the territory included within the following boundaries, to-wit: Begin- 
ning at the mouth of the Wabash river; thence up the same, and with 
the line of Indiana, to the northwest corner of said state; thence east 
with the line of the same state to the middle of Lake Michigan; thence 
north along the middle of said lake, to north latitude 42 degrees 30 min- 
utes; thence west to the middle of the Mississippi river; and thence 
down along the middle of that river to its confluence with the Ohio 
river; and thence up the latter river along its northwestern shore, to 
the beginning: Provided, that the convention hereinafter provided for, 
when formed, shall ratify the boundaries aforesaid; otherwise they 
shall be and remain as now prescribed by the ordinance for the govern- 
ment of the territory northwest of the river Ohio: Provided, also, that 
the said state shall have concurrent jurisdiction with the state of In- 
diana on the Wabash river, so far as said river shall form a common 
boundary to both, and also concurrent jurisdiction on the Mississippi 
river, with any state or states to be formed west thereof, so far as said 
river shall form a common boundary to both. 

3. And be it further enacted. That all white male citizens of the 
United States, v/ho shall have arrived at the age of twenty-one years, 
and have resided in said territory six months previous to the day of 
election, and all persons having in other respects the legal qualifica- 
tions to vote for representatives in the general assembly of the said 
territory, be and they are hereby authorized to choose representatives 
to form a convention, who shall be apportioned among the several coun- 
ties as follows: 

From the county of Bond, two representatives; 
From the county of Madison, three representatives; 
From the county of St. Clair, three representatives; 
From the county of Monroe, two representatives; 
From the county of Randolph, two representatives; 
From the county of Jackson, two representatives; 
From the county of Johnson, two representatives; 
From the county of Pope, two representatives; 



ENABLING ACT. 351 

From the county of Gallatin, three representatives; 

From the county of White, two representatives; 

From the county of Edwards, two representatives; 

From the county of Crawford, two representatives; 

From the county of Union, two representatives; 

From the county of Washington, two representatives; 

And from the county of Franklin, two representatives. 

And the election for the representatives aforesaid shall be holden on 
the first Monday of July next, and the two following days, throughout 
the several counties in the said territory, and shall be conducted in the 
same manner, and under the same regulations, as prescribed by the 
laws of the said territory regulating elections therein for members of 
the house of representatives. 

4. And, be it further enacted, That the members of the convention, 
thus duly elected, be and they are hereby authorized to meet at the seat 
of government of the said territory, on the first Monday of the month 
of August next, which convention, when met, shall first determine, by 
a majority of the whole number elected, whether it be, or be not, ex- 
pedient at that time to form a constitution and state government for 
the people within the said territory, and, if it be expedient, the con- 
vention shall be and hereby is authorized to form a constitution and 
state government; or, if it be deemed more expedient, the said conven- 
tion shall provide by ordinance for electing representatives to form a 
constitution or frame of government; which said representatives shall 
be chosen in such manner, and in such proportion, and shall meet at 
such time and place as shall be prescribed by the said ordinance, and 
shall then form for the people of said territory a constitution and state 
government: Provided, that the same, whenever formed, shall be re- 
publican, and not repugnant to the ordinance of the 13th of July, 1787, 
between the original states and the people and states of the territory 
northwest of the river Ohio; excepting so much of said articles as relate 
to the boundaries of the states therein to be formed: And provided 
also, that it shall appear, from the enumeration directed to be made by 
the legislature of the said territory, that there are, within the pro- 
posed state, not less than 40,000 inhabitants. 

5. And he it further enacted. That until the next general census shall 
be taken, the said state shall be entitled to one representative in the 
house of representatives of the United States. 

6. And be it further enacted. That the following propositions be and 
the same are hereby offered to the convention of the said territory of 
Illinois, when formed, for their free acceptance or rejection, which, if 
accepted by the convention, shall be obligatory upon the United States 
and the said state. 

First. The section numbered 16 in every township, and, when such 
section has been sold or otherwise disposed of, other lands equivalent 
thereto, and as contiguous as may be, shall be granted to the state, for 
the use of the inhabitants of such township, for the use of schools. 

Second. That all salt springs within such state, and the land reserved 
for the use of the same, shall be granted to the said state, for the use 



352 APPENDIX "b." 

of the said state, and the same to be used under such terms, and condi- 
tions, and regulations, as the legislature of the said state shall direct: 
Provided, the legislature shall never sell nor lease the same for a longer 
period than ten years at any one time. 

Third. That five per cent, of the net proceeds of the lands lying 
within such state, and which shall be sold by congress, from and after 
the first day of January, 1819, after deducting all expenses incident to 
the same, shall be reserved for the purposes following, viz.: two-fifths 
to be disbursed, under the direction of congress, in making roads lead- 
ing to the state; the residue to be appropriated, by the legislature of 
the state, for the encouragement of learning, of which one-sixth part 
shall be exclusively bestowed on a college or university. 

Fourth. That thirty-six sections, or one entire township, which shall 
be designated by the president of the United States, together with the 
one heretofore reserved for that purpose, shall be reserved for the use 
of a seminary of learning, and vested in the legislature of the said 
state, to be appropriated solely to the use of such seminary by the said 
legislature: Provided, always, that the four foregoing propositions, 
herein offered, are on the conditions that the convention of the said 
state shall provide, by an ordinance, irrevocable without the consent of 
the United States, that every and each tract of land sold by the United 
States, from and after the first day of January, 1819, shall remain ex- 
empt from any tax laid by order, or under any authority of, the state, 
whether for state, county, or township, or any other purpose whatever, 
for the term of five years, from and after the day of sale: And further, 
that the bounty lands granted, or hereinafter to be granted, for mili- 
tary services during the late war, shall, while they continue to be held 
by the patentees, or their heirs, remain exempt, as aforesaid, from all 
taxes, for the term of three years, from and after the date of the patents 
respectively; and that all the lands belonging to the citizens of the 
United States, residing without the said state, shall never be taxed 
higher than lands belonging to persons residing therein. 

7. And be it further enacted, That all that part of the territory of the 
United States lying north of the state of Indiana, and which was in- 
cluded in the former Indiana territory, together with that part of the 
Illinois territory which is situated north of and not included within 
the boundaries prescribed by this act, to the state thereby authorized 
to be formed, shall be, and hereby is, attached to and made a part of 
the Michigan territory, from and after the formation of the said state, 
subject, nevertheless, to be hereafter disposed of by congress, accord- 
ing to the right reserved in the fifth article of the ordinance aforesaid, 
and the inhabitants therein shall be entitled to the same privileges and 
immunities, and subject to the same rules and regulations, in all re- 
spects, with the other citizens of the Michigan territory. 



OEDINANCE OF AUGUST 26, 1818. 353 

APPENDIX "C." 

ORDINANCE OP AUGUST 26, 1818. 

Adopted at Kastaskia August 26, 1818, by tlie Convention which framed 
the first constitution of Illinois. 

Whereas, the congress of the United States, in the act entitled "An 
act to enable the people of the Illinois territory to form a constitution 
and state government, and for the admission of such state into the 
Union on an equal footing with the original states," passed the ISth of 
April, 1818, have offered to this convention for their free acceptance or 
rejection the following propositions which, if accepted by the conven- 
tion, are to be obligatory upon the United States, viz.: 

1. That section numbered 16 in every township, and when such sec- 
tion has been sold, or otherwise disposed of, other lands equivalent 
thereto, and as contiguous as may be, shall be granted to the state for 
the use of the inhabitants of such township for the use of schools. 

2. That all salt springs within such state, and the lands reserved for 
the use of the same, shall be granted to the said state for the use of 
the said state, and the same to be used under such terms and condi- 
tions and regulations as the legislature of said state shall direct: Pro- 
vided, the legislature shall never sell nor lease the same for a longer 
period than ten years at any one time. 

3. That five per cent, of the net proceeds of the lands lying within 
such state, and which shall be sold by congress from and after the first 
day of January, 1819, after deducting all expenses incident to the same, 
shall be reserved for the purposes following, viz: Two-fifths to be dis- 
bursed under the direction of congress, in making roads leading to the 
state; the residue to be appropriated by the legislature of the state for 
the encouragement of learning, of which one-sixth part shall be exclu- 
sively bestowed on a college or university. 

4. That thirty-six sections, or one entire township, which shall be 
designated by the president of the United States, together with the one 
heretofore reserved for that purpose, shall be reserved for the use of a 
seminary of learning, and vested in the legislature of the said state, to 
be appropriated solely to the use of such seminary by the said legis- 
lature. 

And whereas, the four foregoing propositions are offered on the con- 
dition that this convention shall provide by ordinance, irrevocable 
without the consent of the United States, that every and each tract of 
land sold by the United States, from and after the first day of January, 
1819, shall remain exempt from any tax laid by order or under the au- 
thority of the state, whether for state, county or township, or any other 
purpose whatever, for the term of five years from and after the day of 
sale. And further, that the bounty lands granted, or hereafter to be 
granted for military services during the late war, shall, while they con- 

33 



354 APPENDIX "c. 

tinue to be held by tbe patentees or their heirs, remain exempt as afore- 
said from all taxes for the term of three years from and after the date 
of the patents respectively; and that all the lands belonging to the 
citizens of the United States, residing without the said state, shall never 
be taxed higher than lands belonging to persons residing therein. 

Therefore, this convention, on behalf of, and by the authority of the 
people of the state, do accept of the foregoing propositions; and do 
further ordain and declare, that every and each tract of land sold by the 
United States, from and after the first day of January, 1819, shall re- 
main exempt from any tax laid by order, or under any authority of the 
state, whether for state, county, or township, or any purpose whatever, 
for the term of five years from and after the day of sale. And that the 
bounty lands granted, or hereafter to be granted, for military services 
during the late war, shall, while they continue to be held by the patentees 
or their heirs, remain exempt, as aforesaid, from all taxes for the term 
of three years from and after the date of the patents respectively; and 
that all the lands belonging to the citizens of the United Sates, resid- 
ing without the said state, shall never be taxed higher than lands be- 
longing to persons residing therein. And this convention do further 
ordain and declare, that the foregoing ordinance shall not be revoked 
without the consent of the United States. 



CONSTITUTION OF ILLINOIS. 355 



APPENDIX "D." 

CONSTITUTION OF ILLINOIS. 

Adopted in convention May 13, 1870; ratified by the people July 2, 1870; 
in force August 8, 1870. 

Preamble. We, the people of the state of Illinois— grateful to Al- 
mighty God for the civil, political and religious liberty which He hath 
so long permitted us to enjoy, and looking to Him for a blessing upon 
our endeavors to secure and transmit the same unimpaired to succeed- 
ing generations — in order to form a more perfect government, establish 
justice, insure domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of liberty to our- 
selves and our posterity, do ordain and establish this constitution for 
the state of Illinois. 

Abticle I. 

BOITNDAEIES. 

The boundaries and jurisdiction of the state shall be as follows, 
to- wit: Beginning at the mouth of the Wabash river; thence up the 
same, and with the line of Indiana, to the northwest corner of said 
state; thence east, with the line of the same state, to the middle of Lake 
Michigan; thence north, along the middle of said lake, to north lati- 
tude 42 degrees and 30 minutes; thence west to the middle of the 
Mississippi river, and thence down along the middle of that river to 
its confluence with the Ohio river, and thence up the latter river, along 
its northwestern shore, to the place of beginning: Provided, that this 
state shall exercise such jurisdiction upon the Ohio river as she is now 
entitled to, or such as may hereafter be agreed upon by this state and 
the state of Kentucky. 

Article II. 

BILL OF EIGHTS. 

1. All men are by nature free and independent, and have certain 
inherent and inalienable rights — among these are life, liberty and the 
pursuit of happiness. To secure these rights and the protection of 
property, governments are instituted among men, deriving their just 
powers from the consent of the governed. 

2. No person shall be deprived of life, liberty or property, without 
due process of law. 

3. The free exercise and enjoyment of religious profession and wor- 
ship, without discrimination, shall forever be guaranteed; and no per- 
son shall be denied any civil or political right, privilege or capacity, on 
account of his religious opinions; but the liberty of conscience hereby 
secured shall not be construed to dispense with oaths or affirmations, 
excuse acts of licentiousness, or justify practices inconsistent with the 



356 APPENDIX "d." 

peace or safety of tlie state. No person shall be required to attend or 
support any ministry or place of worship against his consent, nor shall 
any preference be given by law to any religious denomination or mode 
of worship. 

4. Every person may freely speak, write and publish on all subjects, 
being responsible for the abuse of that liberty; and in all trials for 
libel, both civil and criminal, the truth, when published with good 
motives and for justifiable ends, shall be a sufficient defense. 

5. The right of trial by jury as heretofore enjoyed, shall remain in- 
violate; but the trial of civil cases before justices of the peace by a 
jury of less than twelve men piay be authorized by law. 

6. The right of the people to be secure in their persons, houses, papers 
and effects, against unreasonable searches and seizures, shall not be 
violated; and no warrant shall issue without probable cause, supported 
by affidavit, particularly describing the place to be searched, and the 
persons or things to be seized. 

7. All persons shall be bailable by sufficient sureties, except for cap- 
ital offenses, where the proof is evident or the presumption great; and 
the privilege or writ of habeas corpus shall hot be suspended, unless 
when in cases of rebellion or invasion, the public safety may require it. 

8. No person shall be held to answer for a criminal offense, unless 
on indictment of a grand jury, except in cases in which the punishment 
is by fine, or imprisonment otherwise than in the penitentiary, in cases 
of impeachment, and in cases arising in the army and navy, or in the 
militia, when in actual service in time of war or public danger: Pro- 
vided, that the grand jury may be abolished by law in all cases. 

9. In all criminal prosecutions the accused shall have the right to 
appear and defend in person and by counsel, to demand the nature and 
cause of the accusation and to have a copy thereof, to meet the wit- 
nesses face to face, and to have process to compel the attendance of 
witnesses in his behalf, and a speedy public trial by an impartial jury 
of the county or district in which the offense is alleged to have been 
committed. 

10. No person shall be compelled in any criminal case to give evi- 
dence against himself, or be twice put in jeopardy for the same offense. 

11. All penalties shall be proportioned to the nature of the offense, 
and no conviction shall work corruption of blood or forfeiture of es- 
tate; nor shall any person be transported out of the state for any of- 
fense committed within the same. 

12. No person shall be imprisoned for debt, unless upon refusal to 
deliver up his estate for the benefit of his creditors, in such manner as 
shall be prescribed by law, or in cases where there is strong presump- 
tion of fraud. 

13. Private property shall not be taken or damaged for public use 
without just compensation. Such compensation, when not made by the 
state, shall be ascertained by a jury, as shall be prescribed by law. 
The fee of land taken for railroad tracks, without consent of the owners 
thereof, shall remain in such owners subject to the use for which it is 
taken. 



CONSTITUTION OF ILLINOIS. 857 

14. No ex post facto law, or law impairing the obligation of contracts, 
or making any irrevocable grant of special privileges or immunities, 
shall be passed. 

15. The military shall be in strict subordination to the civil power. 

16. No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner; nor in time of war, except in the manner 
prescribed by law. 

17. The people have the right to assemble in a peaceable manner to 
consult for the common good, to make known their opinions to their 
representatives, and to apply for redress of grievances. 

18. All elections shall be free and equal. 

19. Every person ought to find a certain remedy in the laws for all 
injuries and wrongs which he may receive in his person, property or 
reputation; he ought to obtain, by law, right and justice freely, and 
without being obliged to purchase it, completely and without denial, 
promptly, and without delay. 

20. A frequent recurrence to the fundamental principles of civil gov- 
ernment is absolutely necessary to preserve the blessings of liberty. 

Aeticie III. 

DISTErBUnON OF POWEE. 

The powers of the government of this state are divided into three 
distinct departments — the legislative, executive and judicial; and no 
person, or collection of persons, being one of these departments, shall 
exercise any power properly belonging to either of the others, except 
as hereinafter expressly directed or permitted. 

Aeticle IV. 

tEGISLATIVE DEPAETMENT. 

1. The legislative power shall be vested in a general assembly, which 
shall consist of a senate and house of representatives, both to be elected 
by the people. 

ELECTION. 

2. An election for members of the general assembly shall be held on 
the Tuesday next after the first Monday in November, in the year of our 
Lord one thousand eight hundred and seventy, and every two years 
thereafter, in each county, at such places therein as may be provided 
by law. When vacancies occur in either house, the governor, or persons 
exercising the powers of governor, shall issue writs of election to fill 
such vacancies. 

ELI6IBILITT AND OATH. 

3. No person shall be a senator who shall not have attained the age 
of twenty-five years, or a representative who shall not have attained 
the age of twenty-one years. No person shall be a senator or repre- 



358 APPENDIX "d." 

sentative who shall not he a citizen of the United States, and who shall 
not have been for five years a resident of this state, and for two years 
next preceding his election a resident within the territory forming the 
district from which he is elected. No judge or clerk of any court, secre- 
tary of state, attorney general, state's attorney, recorder, sheriff, or col- 
lector of public revenue, member of either house of congress, or person 
holding any lucrative office vinder the United States or this state, or any 
foreign government, shall have a seat in the general assembly: Pro- 
vided, that appointments in the militia, and the offices of notary public 
and justice of the peace, shall not be considered lucrative. Nor shall 
any person, holding any office of honor or profit under any foreign gov- 
ernment, or under the government of the United States (except post- 
masters whose annual compensation does not exceed the sum of $300), 
hold any office of honor or profit under the authority of this state. 

4. No person who has been, or hereafter shall be, convicted of brib- 
ery, perjury, or other infamous crime, nor any person who has been or 
may be a collector or holder of public moneys, who shall not have ac- 
counted for and paid over, according to law, all such moneys due from 
him, shall be eligible to the general assembly, or to any office of profit 
or trust in this state. 

5. Members of the general assembly, before they enter upon their 
official duties, shall take and subscribe the following oath or affirma- 
tion: 

I do solemnly swear (or affirm) that I will support the constitution 
of the United States, and the constitution of the State of Illinois, and 
will faithfully discharge the duties of senator (or representative) ac- 
cording to the best of my ability; and that I have not, knowingly or 
intentionally, paid or contributed anything, or made any promise, in 
the nature of a bribe, to directly or indirectly influence any vote at the 
election at which I was chosen to fill the said office, and have not ac- 
cepted, nor will I accept or receive, directly or indirectly, any money 
or other valuable thing, from any corporation, company or person, for 
any vote or influence I may give or withhold on any bill, resolution or 
appropriation, or for any other official act. 

This oath shall be administered by a judge of the supreme or circuit 
court, in the hall of the house to which the member is elected, and the 
secretary of state shall record and file the oath subscribed by each mem- 
ber. Any member who shall refuse to take the oath herein prescribed, 
shall forfeit his office, and every member who shall be convicted of hav- 
ing sworn falsely to or of violating his said oath, shall forfeit his office, 
and be disqualified thereafter from holding any office of profit or trust 
in this state. 

APPOETIONMENT — SENATOEIAL. 

6. The general assembly shall apportion the state every ten years, 
beginning with the year 1871, by dividing the population of the state, 
as ascertained by the federal census, by the number 51, and the quotient 
shall be the ratio of representation in the senate. The state shall be 
divided into 51 senatorial districts, each of which shall elect one sen- 
ator, whose term of office shall be four years. The senators elected in 



CONSTITUTION OF ILLINOIS. 359 

the year of our Lord 1872, in districts bearing odd numbers, shall vacate 
their offices at the end of two years, and those elected in districts bear- 
ing even numbers, at the end of four years; and vacancies occurring 
by the expiration of term, shall be filled by the election of senators 
for the full term. Senatorial districts shall be formed of contiguous 
and compact territory, bounded by county lines, and contain, as nearly 
as practicable, an equal number of inhabitants; but no district shall 
contain less than four-fifths of the senatorial ratio. Counties contain- 
ing not less than the ratio and three-fourths, may be divided into sep- 
arate districts, and shall be entitled to two senators, and to one ad- 
ditional senator for each number of inhabitants equal to the ratio con- 
tained by such counties in excess of twice the number of said ratio. 

Note. — By the adoption of minority representation, sections 7 and 8 
of this article cease to be a part of the constitution. Under section 12 
of the schedule and the vote of the adoption, the following section re- 
lating to minority representation is substituted for said sections: 

MINOEITY EEPRESENTATION. 

7 and 8. The house of representatives shall consist of three times the 
number of the members of the senate, and the term of office shall be 
two years. Three representatives shall be elected in each senatorial 
district at the general election in the year of our Lord 1872, and every 
two years thereafter. In all elections of representatives aforesaid, 
each qualified voter may cast as many votes for one candidate as there 
are representatives to be elected, or may distribute the same, or equal 
parts thereof, among the candidates, as he shall see fit; and the candi- 
dates highest in votes shall be declared elected. 

TIME OF MEETING AND GENEEAL RULES. 

9. The sessions of the general assembly shall commence at 12 o'clock 
noon, on the Wednesday next after the first Monday in January, in the 
year next ensuing the election of members thereof, and at no other time, 
unless as provided by this constitution. A majority of the members 
elected to each house shall constitute a quorum. Each house shall de- 
termine the rules of its proceedings, and be the judge of the election, 
returns and qualifications of its members; shall choose its own offi- 
cers; and the senate shall choose a temporary president to preside 
when the lieutenant-governor shall not attend as president or shall act 
as governor. The secretary of state shall call the house of representa- 
tives to order at the opening of each new assembly, and preside over it 
until a temporary presiding officer thereof shall have been chosen and 
shall have taken his seat. No member shall be expelled by either house 
except by a vote of two-thirds of all the members elected to that house, 
and no member shall be twice expelled for the same offense. Each house 
may punish, by imprisonment, any person not a member, who shall be 
guilty of disrespect to the house by disorderly or contemptuous be- 
havior in its presence. Bnt no such imprisonment shall extend beyond 



360 APPENDIX "d." 

twenty-four hours at one time, unless the person shall persist in such 
disorderly or contemptuous behavior. 

10. The doors of each house, and of committees of the whole, shall 
be kept open, except in such cases as, in the opinion of the house, re- 
quire secrecy. Neither house shall, without the consent of the other, 
adjourn for more than two days, or to any other place than that in 
which the two houses shall be sitting. Each house shall keep a jour- 
nal of its proceedings, which shall be published. In the senate at the 
request of two members, and in the house at the request of five mem- 
bers, the yeas and nays shall be taken on any question, and entered 
upon the journal. Any two members of either house shall have liberty 
to dissent from and protest, in respectful language, against any act or 
resolution which they think injurious to the public or to any individ- 
ual, and have the reasons of their dissent entered upon the journals. 

STYLE OF LAWS AND PASSAGE OF BILLS. 

11. The style of the laws of this state shall be: "Be it enacted hy the 
People of the State of Illinois, represented in the General Asseriibly." 

12. Bills may originate in either house, but may be altered, amended 
or rejected by the other; and on the final passage of all bills, the vote 
shall be by yeas and nays, upon each bill separately, and shall be en- 
tered upon the journal; and no bill shall become a law without the con- 
currence of the majority of the members elected to each house. 

13. Every bill shall be read at large on three different days, in each 
house; and the bill and all amendments thereto shall be printed before 
the vote is taken on its final passage; and every bill, having passed 
both houses, shall be signed by the speakers thereof. No act hereafter 
passed shall embrace more than one subject, and that shall be expressed 
in the title. But if any subject shall be embraced in an act which shall 
not be expressed in the title, such act shall be void only as to so much 
thereof as shall not be so expressed; and no law shall be revived or 
amended by reference to its title only, but the law revived, or the sec- 
tion amended, shall be inserted at length in the new act. And no act 
of the general assembly shall take effect until the first day of July next 
after its passage, unless, in case of emergency (which emergency shall 
be expressed in the preamble or body of the act), the general assembly 
shall, by a vote of two-thirds of all the members elected to each house, 
otherwise direct. 

PEIVILEGES AND DISABILITIES. 

14. Senators and representatives shall, in all cases, except treason, 
felony or breach of the peace, be privileged from arrest during the 
session of the general assembly, and in going to and returning from the 
same; and for any speech or debate in either house, they shall not be 
questioned in any other place. 

15. No person elected to the general assembly shall receive any civil 
appointment within this state from the governor, the governor aad 
senate, or from the general assembly, during the term for which he 
shall be elected; and all such appointments and all votes given for any 



CONSTITUTION OF ILLINOIS. 361 

such members for any sucli office or appointment, shall be void; nor 
shall any member of the general assembly be interested, either directly 
or indirectly, in any contract with the state, or any county thereof, au- 
thorized by any law passed during the term for which he shall have 
been elected, or within one year after the expiration thereof. 

PUBLIC MONEYS A.ND APPBOPEIATIONS. 

16. The general assembly shall make no appropriation of money out 
of the treasury in any private law. Bills making appropriations for the 
pay of members and officers of the general assembly, and for the sal- 
aries of the officers of the government, shall contain no provision on 
any other subject. 

17. No money shall be drawn from the treasury except in pursuance 
of an appropriation made by law, and on the presentation of a warrant 
issued by the auditor thereon; and no money shall be diverted from any 
appropriation made for any purpose, or taken from any fund whatever, 
either by joint or separate resolution. The auditor shall, within 60 
days after the adjournment of each session of the general assembly, 
prepare and publish a full statement of all money expended at such 
session, specifying the amount of each item, and to whom and for what 
paid. 

18. Each general assembly shall provide for all the appropriations 
necessary for the ordinary and contingent expenses of the government 
until the expiration of the first fiscal quarter after the adjournment of 
the next regular session, the aggregate amount of which shall not be 
increased without a vote of two-thirds of the members elected to each 
house, nor exceed the amount of revenues authorized by law to be 
raised in such time; and all appropriations, general or special, requir- 
ing money to be paid out of the state treasury, from funds belonging to 
the state, shall end with such fiscal quarter: Provided, the state may, 
to meet casual deficits or failures in revenues, contract debts, never to 
exceed in the aggregate $250,000; and moneys thus borrowed shall be 
applied to the purpose for which they were obtained, or to pay the 
debts thus created, and to no other purpose; and no other debt, except 
for the purpose of repelling invasion, suppressing insurrection, or de-, 
fending the state in war (for payment of which the faith of the state 
shall be pledged), shall be contracted, unless the law authorizing the 
same shall, at a general election, have been submitted to the people, 
and have received a majority of the votes cast for members of the gen- 
eral assembly at such election. The general assembly shall provide for 
the publication of said law for three months at least before the vote of 
the people shall be taken upon the same; and provision shall be made, 
at the time, for the payment of the interest annually, as it shall accrue, 
by a tax levied for the purpose or from other sources of revenue; which 
law, providing for the payment of such interest by such tax, shall be 
irrepealable until such debt be paid: And, provided, further, that the 
law levying the tax shall be submitted to the people with the law au- 
thorizing the debt to be contracted. 



362 APPENDIX "d." 

19. The general assembly shall never grant or authorize extra com- 
pensation, fee or allowance to any public officer, agent, servant or con- 
tractor, after service has been rendered or a contract made, nor au- 
thorize the payment of any claim, or part thereof, hereafter created 
against the state under any agreement or contract made without ex- 
press authority of law; and all such unauthorized agreements or con- 
tracts shall be null and void: Provided, the general assembly may make 
appropriations for expenditures incurred in suppressing insurrection 
or repelling invasion. 

20. The state shall never pay, assume or become responsible for the 
debts or liabilities of, or in any manner give, loan or extend its credit 
to or in aid of any public or other corporation, association or individual. 

PAY OF MEMBERS. 

21. The members of the general assembly shall receive for their serv- 
ices the sum of $5 per day, during the first session held under this con- 
stitution, and 10 cents for each mile necessarily traveled in going to 
and returning from the seat of government, to be computed by the 
auditor of public accounts; and thereafter such compensation as shall 
be prescribed by law, and no other allowance or emolument, directly or 
indirectly, for any purpose whatever, except the sum of $50 per session 
to each member, which shall be in full for postage, stationery, news- 
papers and all other incidental expenses and perquisites; but no change 
shall be made in the compensation of members of the general assembly 
during the term for which they may have been elected. The pay and 
mileage allowed to each member of the general assembly shall be certi- 
fied by the speaker of their respective houses, and entered on the jour- 
nals and published at the close of each session. 

SPECIAIi LEGISLATION PROHIBITED. 

22. The general assembly shall not pass local or special laws in any 
of the following enumerated cases — that is to say, for — 

Granting divorces; 

Changing the names of persons or places; 

Laying out, opening, altering and working roads or highways; 

Vacating roads, town plats, streets, alleys and public grounds; 

Locating or changing county seats; 

Regulating county and township affairs; 

Regulating the practice in courts of justice; 

Regulating the jurisdiction and duties of justices of the peace, police 
magistrates and constables; 

Providing for changes of venue in civil and criminal cases; 

Incorporating cities, towns or villages, or changing or amending the 
charter of any town, city or village; 

Providing for the election of members of the board of supervisors in 
townships, incorporated towns or cities; 

Summoning and impaneling grand or petit juries; 

Providing for the management of common schools; 



CONSTITUTION OF ILLINOIS, 363 

Regulating the rate of interest on money; 

The opening and conducting of any election, or designating the place 
of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures; 

Creating, increasing or decreasing fees, percentages or allowances of 
public officers, during the term for which said ofl^cers are elected or ap- 
pointed ; 

Changing the law of descent; 

Granting to any corporation, association or individual the right to lay 
down railroad tracks, or amending existing charters for such purpose; 

Granting to any corporation, association or individual any special or 
exclusive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable, no 
special law shall be enacted. 

23. The general assembly shall have no power to release or extinguish, 
in whole or in part, the indebtedness, liability, or obligation of any cor- 
poration or individual to this state or to any municipal corporation 
therein. 

IMPEACHMENT. 

24. The house of representatives shall have the sole power of im- 
peachment; but a majority of all the members elected must concur 
therein. All impeachments shall be tried by the senate; and when 
sitting for that purpose, the senators shall be upon oath, or affirma- 
tion, to do justice according to law and evidence. When the governor of 
the state is tried, the chief justice shall preside. No person shall be con- 
victed without the concurrence of two-thirds of the senators elected. 
But judgment, in such cases, shall not extend further than removal from 
office and disqualification to hold any office of honor, profit or trust 
under the government of this state. The party, whether convicted or 
acquitted, shall, nevertheless, be liable to prosecution, trial, judgment 
and punishment according to law. 

IflSCELLANEOTTS. 

25. The general assembly shall provide, by law, that the fuel, station- 
ery and printing paper furnished for the use of the state; the copying, 
printing, binding and distributing the laws and journals, and all other 
printing ordered by the general assembly, shall be let by contract to the 
lowest responsible bidder; but the general assembly shall fix a maxi- 
mum price; and no member thereof, or other officer of the state, shall 
be interested, directly or indirectly, in such contract. But all such 
contracts shall be subject to the approval of the governor, and if he 
disapproves the same there shall be a re-letting of the contract, in such 
manner as shall be prescribed by law. 



364 APPENDIX " D." 

26. The state of Illinois shall never be made defendant in anj' court 
of law or equity. 

27. The general assembly shall have no power to authorize lotteries 
or gift enterprises for any purpose, and shall pass laws to prohibit the 
sale of lottery or gift enterprise tickets in this state. 

28. No law shall be passed which shall operate to extend the term of 
any public officer after his election or appointment. 

29. It shall be the duty of the general assembly to pass such laws as 
may be necessary for the protection of operative miners, by providing 
for ventilation, when the same may be required, and the construction of 
escapement shafts, or such other appliances as may secure safety in all 
coal mines, and to provide for the enforcement of said laws by such 
penalties and punishments as may be deemed proper. 

30. The general assembly may provide for establishing and opening 
roads and cartways, connected with a public road, for private and pub- 
lic use. 

31. The general assembly may pass laws permitting the owners of 
lands to construct drains, ditches and levees for agricultural, sanitary 
or mining purposes, across the lands of others, and provide for the or- 
ganization of drainage districts and vest the corporate authorities 
thereof with power to construct and maintain levees, drains and ditches, 
and to keep in repair all drains, ditches and levees heretofore con- 
structed under the laws of this state, by special assessments upon the 
property benefited thereby. (This section was submitted to the voters 
at the election in November, 1878, as an amendment, was adopted and 
became a part of the constitution.) 

32. The general assembly shall pass liberal homestead and exemption 
laws. 

33. The general assembly shall not appropriate out of the state treas- 
ury, or expend on account of the new capitol grounds, and construction, 
completion, and furnishing of the state house, a sum exceeding, in the 
aggregate, $3,500,000, inclusive of all appropriations heretofore made, 
without first submitting the proposition for an additional expenditure 
to the legal voters of the state, at a general election; nor unless a ma- 
jority of all the votes cast at such election shall be for the proposed 
additional expenditure. 

Abticie V. 

EXECUTIVE DEPAETMENT. 

1. The executive department shall consist of a governor, lieutenant 
governor, secretary of state, auditor of public accounts, treasurer, su- 
perintendent of public instruction and attorney general, who shall, each, 
with the exception of the treasurer, hold his office for the term of four 
years from the second Monday of January next after his election, and 
until his successor is elected and qualified. They shall, except the lieu- 
tenant governor, reside at the seat of government during their term 
of office, and keep the public records, books and papers there, and shall 
perform such duties as may be prescribed by law. 



CONSTITUTION OF ILLINOIS. 365 

2. The treasurer shall hold his office for the term of two years, and 
until his successor is elected and qualified, and shall he ineligible to 
said office for two years next after the end of the term for which he was 
elected. He may be required by the governor to give reasonable addi- 
tional security, and in default of so doing his office shall be deemed 
vacant. 

ELECTION. 

3. An election for governor, lieutenant governor, secretary of state, 
auditor of public accounts, and attorney general, shall be held on the 
Tuesday next after the first Monday of November, in the year of our 
Lord 1872, and every four years thereafter; for superintendent of public 
instruction, on the Tuesday next after the first Monday of November, in 
the year 1870, and every four years thereafter; and for treasurer on the 
day last above mentioned, and every two years thereafter, at such places 
and in such manner as may be prescribed by law. 

4. The returns of every election for the above named officers shall be 
sealed up and transmitted, hj the returning officers, to the secretary of 
state, directed to "The speaker of the house of representatives," who 
shall, immediately after the organization of the house, and before pro- 
ceeding to other business, open and publish the same in the presence 
of a majority of each house of the general assembly, who shall, for that 
purpose, assemble in the hall of the house of representatives. The per- 
son having the highest number of votes for either of said offices shall 
be declared duly elected; but if two or more have an equal and the 
highest number of votes, the general assembly shall, by joint ballot, 
choose one of such persons for said office. Contested elections for all 
of said offices shall be determined by both houses of the general assem- 
bly, by joint ballot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

5. No person shall be eligible to the office of governor, or lieutenant 
governor, who shall not have attained the age of thirty years, and been, 
for five years next preceding his election, a citizen of the United States 
and of this state. Neither the governor, lieutenant governor, auditor of 
public accounts, secretary of state, superintendent of public instruc- 
tion nor attorney general shall be eligible to any other office during the 
period for which he shall have been elected. 



6. The supreme executive power shall be vested in the governor, who 
shall take care that the laws be faithfully executed. 

7. The governor shall, at the commencement of each session, and at 
the close of his term of office, give to the general assembly information, 
by message, of the condition of the state, and shall recommend such 
measures as he shall deem expedient. He shall account to the general as- 
sembly, and accompany his message with a statement of all moneys 
received and paid out by him from any funds subject to his order, with 



366 APPENDIX "d." 

voucliers, and, at the commencement of each, regular session, present 
estimates of the amount of money required to be raised by taxation for 
all purposes. 

8. The governor may, on extraordinary occasions, convene the gen- 
eral assembly, by proclamation, stating therein the purpose for which 
they are convened; and the general assembly shall enter upon no busi- 
ness except that for which they were called together. 

9. In case of a disagreement between the two houses with respect to 
the time of adjournment, the governor may, on the same being certi- 
fied to him, by the house first moving the adjournment, adjourn the 
general assembly to such time as he thinks proper, not beyond the first 
day of the next regular session. 

10. The governor shall nominate, and by and with the advice and con- 
sent of the senate (a majority of all the senators elected concurring, 
by yeas and nays), appoint all ofiicers whose offices are established by 
this constitution, or which may be created by law, and whose appoint- 
ment or election is not otherwise provided for; and no such officer shall 
be appointed or elected by the general assembly. 

11. In any case of vacancy, during the recess of the senate, in any 
office which is not elective, the governor shall make a temporary ap- 
pointment until the next meeting of the senate, when he shall nomi- 
nate some person to fill such office; and any person so nominated, who 
is confirmed by the senate (a majority of all the senators elected con- 
curring by yeas and nays), shall hold his office during the remainder 
of the term, and until his successor shall be appointed and qualified. 
No person, after being rejected by the senate, shall be again nominated 
for the same office at the same session, unless at the request of the 
senate, or be appointed to the same office during the recess of the gen- 
eral assembly. 

12. The governor shall have power to remove any officer whom he 
may appoint, in case of incompetency, neglect of duty, or malfeasance 
in office; and he may declare his office vacant, and fill the same as is 
herein provided in other cases of vacancy. 

13. The governor shall have power to grant reprieves, commutations 
and pardons, after conviction, for all offenses, subject to such regula- 
tions as may be provided by law relative to the manner of applying 
therefor. 

14. The governor shall be commander-in-chief of the military and 
naval forces of the state (except when they shall be called into the 
service of the United States), and may call out the same to execute the 
laws, suppress insurrection, and repel invasion. 

15. The governor, and all civil officers of this state, shall be liable to 
impeachment for any misdemeanor in office. 



16. Every bill passed by the general assembly shall, before it becomes 
a law, be presented to the governor. If he approve, he shall sign it, 
and thereupon it shall become a law; but if he do not approve, he shall 
return it, with his objections, to the house in which it shall have orig- 



CONSTITUTION OF ILLINOIS. 367 

mated, which house shall enter the objections at large upon its jour- 
nal, and proceed to reconsider the bill. If, then, two-thirds of the mem- 
bers elected agree to pass the same, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsid- 
ered, and if approved by two-thirds of the members elected to that 
house, it shall become a law, notwithstanding the objections of the 
governor. But in all such cases the vote of each house shall be de- 
termined by yeas and nays, to be entered upon the journal. 

Bills making appropriations of money out of the treasury shall 
specify the objects and purposes for which the same are made, and ap- 
propriate to them respectively their several amounts in distinct items 
and sections, and if the governor shall not approve any one or more 
of the items or sections contained In any bill, but shall approve the 
residue thereof, it shall become a law as to the residue in like manner 
as if he had signed it. 

The governor shall then return the bill, with his objections to the 
items or sections of the same not approved by him, to the house in 
which the bill shall have originated, which house shall enter the objec- 
tions at large upon its journal, and proceed to reconsider so much of 
said bill as is not approved by the governor. 

The same proceedings shall be had in both houses in reconsidering 
the same as is hereinbefore provided in case of an entire bill returned 
by the governor with his objections; and if any item or section of said 
bill not approved by the governor shall be passed by two-thirds of the 
members elected to each of the two houses of the general assembly, it 
shall become part of said law, notwithstanding the objections of the 
governor. 

Any bill which shall not be returned by the governor within ten days 
(Sundays excepted) after it shall have been presented to him, shall be- 
come a law in like manner as if he had signed it; unless the general 
assembly shall, by their adjournment, prevent its return, in which case 
it shall be filed with his objections in the office of the secretary of state, 
within ten days after such adjournment, or become a law. 

LIEUTENANT GOVEENOR. 

17. In case of the death, conviction on impeachment, failure to qual- 
ify, resignation, absence from the state, or other disability of the gov- 
ernor, the powers, duties and emoluments of the office, for the residue 
of the term, or until the disability shall be removed, shall devolve upon 
the lieutenant governor. 

18. The lieutenant governor shall be president of the senate, and shalf 
vote only when the senate is equally divided. The senate shall choose 
a president, pro tempore, to preside in case of the absence or impeach- 
ment of the lieutenant governor, or when he shall hold the office of 
governor. 

19. If there be no lieutenant governor, or if the lieutenant governor 
shall, for any of the causes specified in section 17 of this article, be- 
come incapable of performing the duties of the office, the president of 
the senate shall act as governor until the vacancy is filled or the dis- 



368 APPENDIX "d," 

ability removed; and if the president of the senate, for any of the above 
named causes, shall become incapable of performing the duties of gov- 
ernor, the same shall devolve upon the speaker of the house of repre- 
sentatives. 

OTHER STATE OFFICERS. 

20. If the office of auditor of public accounts, treasurer, secretary of 
state, attorney general, or superintendent of public instruction shall 
be vacated by death, resignation or otherwise, it shall be the duty of 
the governor to fill the same by appointment, and the appointee shall 
hold his office until his successor shall be elected and qualified in such 
manner as may be provided by law. An account shall be kept by the 
officers of the executive department, and of all the public institutions 
of the state, of all moneys received or disbursed by them, severally, 
from all sources, and for every service performed, and a semi-annual 
report thereof be made to the governor, under oath; and any officer who 
makes a false report shall be guilty of perjury, and punished accord- 
ingly. 

21. The officers of the executive department, and of all the public in- 
stitutions of the state, shall, at least ten days preceding each regular 
session of the general assembly, severally report to the governor, who 
shall transmit such reports to the general assembly, together with the 
reports of the judges of the supreme court of the defects in the con- 
stitution and laws; and the governor may at any time require informa- 
tion in writing, under oath, from the officers of the executive depart- 
ment, and all officers and managers of state institutions, upon any sub- 
ject relating to the condition, management and expenses of their re- 
spective offices. 

THE SEAt OF STATE. 

22. There shall be a seal of the state, which shall be called the "Great 
seal of the State of Illinois," which shall be kept by the secretary of 
state, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

23. The officers named in this article shall receive for their services 
a salary to be established by law, which shall not be increased or di- 
minished during their official terms, and they shall not, after the expira- 
tion of the terms of those in office at the adoption of this constitution, 
receive to their own use any fees, costs, perquisites or office, or other 
compensation. And all fees that may hereafter be payable by law for 
any service performed by any officer provided for in this article of the 
constitution, shall be paid in advance into the state treasury. 

DEFINITION AND OATH OF OFFICE, 

24. An office is a public position created by the constitution or law, 
continuing during the pleasure of the appointing power, or for a fixed' 
time, with a successor elected or appointed. An employment is an 
agency, for a temporary purpose, which ceases when that purpose is 
accomplished. 



CONSTITUTION OF ILLINOIS. 369 

25. All civil officers, except members of the general assembly and 
such inferior officers as ma3' be by law exempted, shall, before they 
enter on the duties of their respective offices, take and subscribe the 
following oath or affirmation: 

1 do solemnly swear (or affirm, as the case may be) that I will sup- 
port the constitution of the United States, and the constitution of the 
state of Illinois, and that I will faithfully discharge the duties of the 
office of according to the best of my ability. 

And no other oath, declaration or test shall be required as a qualifi- 
cation. 

Aeticle VI. 

JUDICIAL DEPAETMENT. 

1. The judicial powers, except as in this article is otherwise pro- 
vided, shall be vested in one supreme court, circuit courts, county courts, 
justices of the peace, police magistrates, and such courts as may be 
created by law in and for cities and incorporated towns. 

SUPSEME COURT. 

2. The supreme court shall consist of seven judges, and shall have 
original jurisdiction in cases relating to the revenue, in mandamus and 
habeas corpus, and appellate jurisdiction in all other cases. One of 
said judges shall be chief justice; four shall constitute a quorum, and 
the concurrence of four shall be necessary to every decision. 

3. No person shall be eligible to the office of judge of the supreme 
court unless he shall be at least thirty years of age, and a citizen of the 
United States, nor unless he shall have resided in this state five years 
next preceding his election, and be a resident of the district in which 
he shall be elected. 

4. Terms of the supreme court shall continue to be held in the pres- 
ent grand divisions at the several places now provided for holding the 
same; and until otherwise provided by 1-aw, one or more terms of said 
court shall be held, for the northern division, in the city of Chicago, 
each year, at such times as said court may appoint, whenever said city 
or the county of Cook shall provide appropriate rooms therefor, and 
the use of a suitable library, without expense to the state. The judicial 
divisions may be altered, increased or diminished in number, and the 
times and places of holding said court maj be changed by law. 

5. The present grand divisions shall be preserved, and be denomi- 
nated Southern, Central and Northern, until otherwise provided by law. 
The state shall be divided into seven districts for the election of judges, 
and until otherwise provided by law, they shall be as follows: 

First District. — The counties of St. Clair, Clinton, Washington, Jef- 
ferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, 
Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, 
Union, Johnson, Alexander, Pulaski and Massac. 

Second District. — The counties of Madison, Bond, Marion, Clay, Rich- 
land, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, 

24 



370 APPENDIX "d." 

Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and 
Christian. 

Third District. — The counties of Sangamon, Macon, Logan, De Witt, 
Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iro- 
quois, Coles, Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott. 

Fiph District. — The counties of Knox, Warren, Henderson, Mercer, 
Henry, Stark, Peoria, Marshall, Putnam, Bureau, La Salle, Grundy and 
Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, Ste- 
phenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, Lee, 
Ogle and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kankakee and 
Du Page. 

The boundaries of the districts may be changed at the session of the 
general assembly next preceding the election for judges therein, and at 
no other time; but whenever such alterations shall be made, the same 
shall be upon the rule of equality of population, as nearly as county 
bounds will allow, and the districts shall be composed of contiguous 
counties, in as nearly compact form as circumstances will permit. The 
alteration of the districts shall not affect the tenure of office of any 
judge. 

6. At the time of voting on the adoption of this constitution, one 
judge of the supreme court shall be elected by the electors thereof, in 
each of said districts numbered two, three, six and seven, who shall 
hold his office for the term of nine years, from the first Monday of 
June, in the year of our Lord 1870. The term of office of judges of the 
supreme court, elected after the adoption of this constitution, shall be 
nine years; and on the first Monday of June of the year in which the 
term of any of the judges in office at the adoption of this constitution, 
or of the judges then elected, shall expire, and every nine years there- 
after, there shall be an election for the successor or successors of such 
judges in the respective districts wherein the term of such judges shall 
expire. The chief justice shall continue to act as such until the expira- 
tion of the term for which he was elected, after which the judges shall 
choose one of their number chief justice. 

7. From and after the adoption of this constitution, the judges of the 
supreme court shall each receive a salary of $4,000 per annum, payable 
quarterly, until otherwise provided by law. And after said salaries shall 
be fixed by law, the salaries of the judges in office shall not be in- 
creased or diminished during the terms for which said judges shall 
have been elected. 

8. Appeals and writs of error may be taken to the supreme court, held 
in the grand division in which the case is decided, or, by consent of the 
parties, to any other grand division. 

9. The supreme court shall appoint one reporter of its decisions, who 
shall hold his office for six years, subject to removal by the court. 

10. At the time of the election for representatives in the general as- 



CONSTITUTION OF ILLINOIS. 371 

sembly, happening next preceding the expiration of the terms of office 
of the present clerks of said court, one clerk of said court for each di- 
vision shall be elected, whose term of office shall be six years from said 
election, but who shall not enter upon the duties of his office until the 
expiration of the term of his predecessor, and every six 3^ears there- 
after one clerk of said court for each division shall be elected. 

APPELLATE COTJETS. 

11. After the year of our Lord 1874, inferior appellate courts, of uni- 
form organization and jurisdiction, may be created in districts formed 
for that purpose, to which such appeals and writs of error as the gen- 
eral assembly may provide may be prosecuted from circuit and other 
courts, and from which appeals and writs of error shall lie to the su- 
preme court, in all criminal cases, and cases in which a franchise or 
freehold or the validity of a statute is involved, and in such other cases 
as may be provided by law. Such appellate courts shall be held by such 
number of judges of the circuit courts, and at such times and places, 
and in such manner, as may be provided by law; but no judge shall 
sit in review upon cases decided by him, nor shall said judges receive 
any additional compensation for such services. 

CIKCXJIT COURTS. 

12. The circuit courts shall have original jurisdiction of all causes in 
law and equity, and such appellate jurisdiction as is or may be provided 
by law, and shall hold two or more terms each year in every county. 
The terms of office of judges of circuit courts shall be six years. 

13. The state exclusive of the county of Cook and other counties hav- 
ing a population of 100,000, shall be divided into judicial circuits, prior 
to the expiration of the terms of office of the present judges of the cir- 
cuit courts. Such circuits shall be formed of contiguous counties, in as 
nearly compact form and as nearly equal as circumstances will per- 
mit, having due regard to business, territory and population, and shall 
not exceed in number one circuit for every 100,000 of population in the 
state. One judge shall be elected for each of said circuits by the electors 
thereof. New circuits may be formed and the boundaries of circuits 
changed by the general assembly, at its session next preceding the elec- 
tion for circuit judges, but at no other time: Provided, that the circuits 
may be equalized or changed at the first session of the general assembly 
after the adoption of this constitution. The creation, alteration or 
change of any circuit shall not affect the tenure of office of any judge. 
Whenever the business of the circuit court of any one or of two or 
more contiguous counties, containing a population exceeding 50,000, 
shall occupy nine months of the year, the general assembly may make 
of such county or counties a separate circuit. Whenever additional cir- 
cuits are created, the foregoing limitations shall be observed. 

14. The general assembly shall provide for the times of holding court 
in each county, which shall not be changed, except by the general as- 
sembly next preceding the general election for judges of said courts; 



S72 APPENDIX " D." 

but additional terms may be provided for in any county. Tbe election 
for judges of tbe circuit courts shall be beld on the first Monday in 
June, in the year of our Lord 1873, and every six years thereafter. 

15. The general assembly may divide the state into judicial circuits 
of greater population and territory, in lieu of the circuits provided for 
in section 13 of this article, and provide for the election therein, sev- 
erally, by the electors thereof, by general ticket, of not exceeding four 
judges, who shall hold the circuit courts in the circuit for which they 
shall be elected, in such manner as may be provided by law. 

16. From and after the adoption of this constitution, judges of the 
circuit courts shall receive a salary of $3,000 per annum, payable quar- 
terly, until otherwise provided by law. And after their salaries shall 
be fixed by law, they shall not be increased or diminished during the 
terms for which said judges shall be, respectively, elected; and from 
and after the adoption of this constitution, no judge of the supreme or 
circuit court shall receive any other compensation, perquisite or benefit, 
in any form whatsoever, nor perform any other than judicial duties to 
which may belong any emoluments. 

17. No person shall be eligible to the office of judge of the circuit or 
any inferior court, or to membership in the "board of county commis- 
sioners," unless he shall be at least twenty-five years of age, and a citi- 
zen of the United States, nor unless he shall have resided in this state 
five years next preceding his election, and be a resident of the circuit, 
county, city, cities or incorporated town in which he shall be elected. 

COUNTY COUETS. 

18. There shall be elected in and for each county, one county judge 
and one clerk of the county court, whose terms of office shall be four 
years. But the general assembly may create districts of two or more 
contiguous counties, in each of which shall be elected one judge, who 
shall take the place of and exercise the powers and jurisdiction of 
county judges in such districts. County courts shall be courts of record, 
and shall have original jurisdiction in all matters of probate, settlement 
of estates of deceased persons, appointment of guardians and conserva- 
tors, and settlements of their accounts, in all matters relating to ap- 
prentices, and in proceedings for the collection of taxes and assess- 
ments, and such other jurisdiction as may be provided for by general 
law. 

19. Appeals and writs of error shall be allowed from final determina- 
tions of coujity courts, as may be provided by law. 

PROBATE COTJRTS. 

20. The general assembly may provide for the establishment of a 
probate court in each county having a population of over 50,000, and for 
the election of a judge thereof, whose term of office shall be the same as 
that of the county judge, and who shall be elected at the same time and 
in the same manner. Said courts, when established, shall have original 
jurisdiction of all probate matters, the settlement of estates of deceased 



CONSTITUTION OF ILLINOIS. 373 

persons, the appointment of guardians and conservators, and settlement 
of their accounts; in all matters relating to apprentices, and in cases of 
the sales of real estate of deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

21. Justices of the peace, police magistrates, and constables shall be 
elected in and for such districts as are, or may be, provided by law, 
and the jurisdiction of such justices of the peace and police magis- 
trates shall be uniform. 

state's attobnets. 

22. At the election for members of the general assembly in the year 
of our Lord 1872, and every four years thereafter, there shall be elected 
a state's attorney in and for each county, in lieu of the state's attor- 
neys now provided by law, whose term of office shall be four years. 

GOUETS OF COOK COUNTY. 

23. The county of Cook shall be one judicial circuit. The circuit of 
Cook county shall consist of five judges, until their number shall be in- 
creased, as herein provided. The present judge of the recorder's court 
of the city of Chicago, and the present judge of the circuit court of 
Cook county, shall be two of said judges, and shall remain in office for 
the terms for which they were respectively elected and until their suc- 
cessors shall be elected and qualified. The superior court of Chicago 
shall be continued, and called the superior court of Cook county. The 
general assembly may increase the number of said judges, by adding 
one to either of said courts for every additional 50,000 inhabitants in 
said county, over and above a population of 400,000. The terms of 
office of the judges of said courts hereafter elected, shall be six years. 

24. The judge having the shortest unexpired term shall be chief jus- 
tice of the court of which he is a judge. In case there are two or more 
whose terms expire at the same time, it may be determined by lot which 
shall be chief justice. Any judge of either of said courts shall have all 
the powers of a circuit judge, and may hold the court of which he is a 
member. Each of them may hold a different branch thereof at the same 
time. 

25. The judges of the superior and circuit courts, and the state's at- 
torney, in said county, shall receive the same salaries, payable out of 
the state treasury, as is or may be paid from said treasury to the cir- 
cuit judges and state's attorneys of the state, and such further compen- 
sation, to be paid by the county of Cook, as is or may be provided by 
law; such compensation shall not be changed during their continuance 
in office. 

26. The recorder's court of the city of Chicago shall be continued, 
and shall be called the "criminal court of Cook county." It shall have 
the jurisdiction of a circuit court, in all cases of criminal and quasi- 
criminal nature, arising in the county of Cook, or that may be brought 
before said court pursuant to law; and all recognizances and appeals 



374 APPENDIX "d." 

taken in said county, in criminal and gttosi-criminal cases, shall be re- 
turnable and taken to said court. It shall have no jurisdiction in civil 
cases, except in those on behalf of the people, and incident to such 
criminal or quasi-criminal matters, and to dispose of unfinished busi- 
ness. The terms of said criminal court of Cook county shall be held by 
one or more of the judges of the circuit or superior court of Cook 
county, as nearly as may be in alternation, as may be determined by 
said judges, or provided by law. Said judges shall be ex officio judges 
of said court. 

27. The present clerk of the recorder's court of the city of Chicago 
shall be the clerk of the criminal court of Cook county, during the term 
for which he was elected. The present clerks of the superior court of 
Chicago, and the present clerk of the circuit court of Cook county, shall 
continue in office during the terms for which they were respectively 
elected; and thereafter there shall be but one clerk of the superior 
court, to be elected by the qualified electors of said county, who shall 
hold his office for the term of- four years, and until his successor is 
elected and qualified. 

28. All justices of the peace in the city of Chicago shall be appointed 
by the governor, by and with the advice and consent of the senate (but 
only upon the recommendation of a majority of the judges of the cir- 
cuit, superior and county courts), and for such districts as are now or 
shall hereafter be provided by law. They shall hold their offices for 
four years, and until their successors have been commissioned and 
qualified, but they may be removed by summary proceeding in the cir- 
cuit or superior court, for extortion or other malfeasance. Existing 
justices of the peace and police magistates may hold their offices until 
the expiration of their respective terms. 

GENERAL PROVISIONS. 

29. All judicial officers shall be commissioned by the governor. All 
laws relating to courts shall be general, and of uniform operation; and 
the organization, jurisdiction, powers, proceedings and practice of all 
courts, of the same class or grade, so far as regulated by law, and the 
force and effect of the process, judgments and decrees of such courts, 
severally, shall be uniform. 

30. The general assembly may, for cause entered on the journals, 
upon due notice and opportunity of defense, remove from office any 
judge, upon concurrence of three-fourths of all the members elected, of 
each house. All other officers in this article mentioned shall be re- 
moved from office on prosecution and final conviction for misdemeanor 
in office. 

31. All judges of courts of record, inferior to the supreme court, shall, 
on or before the first day of June, of each year, report in writing to the 
judges of the supreme court such defects and omissions in the laws as 
their experience may suggest; and the judges of the supreme court 
shall, on or before the first day of January of each year, report in writ- 
ing to the governor such defects and omissions in the constitution and 
laws as they may find to exist, together with appropriate forms of bills 



CONSTITUTION OF ILLINOIS. 875 

to cure such defects and omissions in the laws. And the judges of the 
several circuit courts shall report to the next general assembly the num- 
ber of days they have held court in the several counties composing their 
respective circuits, the preceding two years. 

32. All officers provided for in this article shall hold their offices 
until their successors shall be qualified, and they shall, respectively, 
reside in the division, circuit, county or district for which they may be 
elected or appointed. The terms of office of all such oflficers, where not 
otherwise prescribed in this article, shall be four years. All ofl3.cers, 
where not otherwise provided for in this article, shall perform such 
duties and receive such compensation as is or may be provided by law. 
Vacancies in such elective offices shall be filled by election; but where 
the unexpired term does not exceed one year, the vacancy shall be filled 
by appointment, as follows: Of judges, by the governor; of clerks of 
courts, by the court to which the ofiice appertains, or by the judge or 
judges thereof; and of all such other offices, by the board of supervis- 
ors or board of county commissioners in the county where the vacancy 
occurs. 

33. All process shall run: In the name of the People of the State of 
Illinois; and all prosecutions shall be carried on: In the name and 
by the authority of the People of the State of Illinois; and conclude: 
Against the peace and dignity of the same. "Population," wherever 
used in this article, shall be determined by the next preceding census 
of this state, or of the United States. 

Aeticle VII. 

SUFFBAGE. 

1. Every person having resided in. this state one year, in the county 
90 days, and in the election district 30 days next preceding any election 
therein, who was an elector in this state on the first day of April, in 
the year of our Lord 1848, or obtained a certificate of naturalization 
before any court of record in this state prior to the first day of January, 
in the year of our Lord 1870, or who shall be a male citizen of the 
United States, above the age of 21 years, shall be entitled to vote at 
such election. 

2. All votes shall be by ballot. 

3. Electors shall, in all cases except treason, felony, or breach of 
the peace, be privileged from arrest during their attendance at elections, 
and in going to and returning from the same. And no elector shall be 
obliged to do military duty on the days of election, except in time of 
war or public danger. 

4. No elector shall be deemed to have lost his residence in this state 
by reason of his absence on business of the United States, or of this 
state, or in the military or naval service of the United States. 

5. No soldier, seaman or marine in the army or navy of the United 
States shall be deemed a resident of this state in consequence of being 
stationed therein. 

6. No person shall be elected or appointed to any office in this state, 



376 APPENDIX "d." 

civil or military, who is not a citizea of the United States, and who 
shall not have resided in this state one year next preceding the election 
or appointment. 

7. The general assembly shall pass laws excluding from the right of^ 
suffrage persons convicted of infamous crimes. 

Abticle VIII. 

EDUCATION. 

1. The general assembly shall provide a thorough and eflBcient sys- 
tem of free schools, whereby all children of this state may receive a 
good common school education. 

2. All lands, moneys, or other property, donated, granted or received 
for schools, college, seminary or university purposes, and the proceeds 
thereof, shall be faithfully applied to the objects for which such gifts 
or grants were made. 

3. Neither the general assembly nor any county, city, town, town- 
ship, school district, or other public corporation, shall ever make any 
appropriation or pay from any public fund whatever, anything in aid 
of any church or sectarian purpose, or to help support or sustain any 
school, academy, seminary, college, university, or other literary or 
scientific institution controlled by any church or sectarian denomina- 
tion whatever; nor shall any grant or donation of land, money, or other 
personal property, ever be made by the state or any such public corpo- 
ration, to any church, or for any sectarian purpose. 

4. No teacher, state, county, township or district school officer shall 
be interested in the sale, proceeds or profits of any book, apparatus or 
furniture used or to be used in any "school in this state, with which 
such officer or teacher may be connected, under such penalties as may be 
provided by the general assembly. 

5. There may be a county superintendent of schools in each county, 
whose qualifications, powers, duties, compensation, and time and man- 
ner of election, and term of office, shall be prescribed by law. 

Aeticle IX. 



1. The general assembly shall provide such revenue as may be need- 
ful by levying a tax, by valuation, so that every person and corporation 
shall pay a tax in proportion to the value of his, her or its property — 
such value to be ascertained by some person or persons, to be elected 
or appointed in such manner as the general assembly shall direct, and 
not otherwise; but the general assembly shall have power to tax ped- 
dlers, auctioneers, brokers, hawkers, merchants, commission mer- 
chants, showmen, jugglers, innkeepers, grocery keepers, liquor dealers, 
toll bridges, ferries, insurance, telegraph and express interests or busi- 
ness, vendors of patents, and persons or corporations owning or using 
franchises and privileges, in such manner as it shall from time to time 
direct by general law, uniform as to the class upon which it operates. 



CONSTITUTION OF ILLINOIS. 3T7 

2. The specification of the objects and subjects of taxation shall not 
deprive the general assembly of the power to require other subjects or 
objects to be taxed in such manner as may be consistent with the 
principles of taxation fixed in this constitution. 

3. The property of the state, counties, and other municipal corpora- 
tions, both real and personal, and such other property as may be used 
exclusively for agricultural and horticultural societies, for school, 
religious, cemetery and charitable purposes, may be exempted from 
taxation; but such exemption shall be only by general law. In the 
assessment of real estate incumbered by public easement, any deprecia- 
tion occasioned by such easement may be deducted in the valuation of 
such property. 

4. The general assembly shall provide, in all cases where it may be 
necessary to sell real estate for the non-payment of taxes or special 
assessments for state, county, municipal or other purposes, that a re- 
turn of such unpaid taxes or assessments shall be made to some gen- 
eral officer of the county having authority to receive state and county 
taxes; and there shall be no sale of said property for any of said taxes 
or assessments but by said officer, upon the order or judgment of some 
court of record. 

5. The right of redemption from all sales of real estate for the non- 
payment of taxes or special assessments of any character whatever, 
shall exist in favor of owners and persons interested in such real es- 
tate, for a period of not less than two years from such sales thereof. 
And the general assembly shall provide by law for reasonable notice to 
be given to the owners or parties interested, by publication or other- 
wise, of the fact of the sale of the property for such taxes or assess- 
ments, and when the time of redemption shall expire: Provided, that 
occupants shall in all cases be served with personal notice before the 
time of redemption expires. 

6. The general assembly shall have no power to release or discharge 
any county, city, township, town or district whatever, or the inhabitants 
thereof, or the property therein, from their or its proportionate share 
of taxes to be levied for state purposes, nor shall commutation for such 
taxes be authorized in any form whatsoever. 

7. All taxes levied for state purposes shall be paid into the state 
treasury. 

8. County authorities shall never assess taxes, the aggregate of which 
shall exceed 75 cents per $100 valuation, except for the payment of in- 
debtedness existing at the adoption of this constitution, unless author- 
ized by a vote of the people of the county. 

9. The general assembly may vest the corporate authorities of cities, 
towns and villages with power to make local improvements by special 
assessment, or by special taxation of contiguous property, or other- 
wise. For all other corporate purposes, all municipal corporations 
may be vested with authority to assess and collect taxes; but such 
taxes shall be uniform in respect to persons and property, within the 
jurisdiction of the body imposing the same. 

10. The general assembly shall not impose taxes upon municipal cor- 



378 APPENDIX "d." 

porations, or tlie inhabitants or property thereof, for corporate pur- 
poses, but shall require that all the taxable property within the limits 
of municipal corporations shall be taxed for the payment of debts con- 
tracted under authority of law, such taxes to be uniform in respect to 
persons and property, within the jurisdiction of the body imposing the 
same. Private property shall not be liable to be taken or sold for the 
payment of the corporate debts of a municipal corporation. 

11. No person who is in default, as collector or custodian of money 
or property belonging to a municipal corporation, shall be eligible to 
any office in or under such corporation. The fees, salary or compensa- 
tion of no municipal officer who is elected or appointed for a definite 
term of office, shall be increased or diminished during such term. 

12. No county, city, township, school district, or other municipal cor- 
poration, shall be allowed to become indebted in any manner or for 
any purpose, to an amount, excluding existing indebtedness, in the ag- 
gregate exceeding five per centum on the value of the taxable property 
therein, to be ascertained by the last assessment for state and county 
taxes, previous to the incurring of such indebtedness. Any county, city, 
school district, or other municipal corporation, incurring any indebt- 
edness as aforesaid, shall before, or at the time of doing so, provide for 
the collection of a direct annual tax sufficient to pay the interest on 
such debt as it falls due, and also to pay and discharge the principal 
thereof v/ithin twenty years from the time of contracting the same. 
This section shall not be construed to prevent any county, city, town- 
ship, school district, or other municipal corporation, from issuing their 
bonds in compliance with any vote of the people which may have been 
had prior to the adoption of this constitution in pursuance of any law 
providing therefor.* 

Aeticle X. 

COUNTIES. 

1. No new county shall be formed or established by the general as^ 
sembly, which will reduce the county or counties, or either of them, 
from which it shall be taken, to less contents than 400 square miles; 
nor shall any county be formed of less contents; nor shall any line 
thereof pass within less than ten miles of any county seat of the county 
or counties proposed to be divided. 

2. No county shall be divided, or have any part stricken therefrom, 
without submitting the question to a vote of the people of the county, 
nor unless a majority of all the legal voters of the county, voting on 
the question, shall vote for the same. 

3. There shall be no territory stricken from any county, unless a 
majority of the voters living in such territory shall petition for such 
division; and no territory shall be added to any county without the 

* By an amendment to this section, adopted in 1890, the city of Chicago was authorized 
to issue bonds not exceeding $5,000,000 in amount in aid of the World's Columbian Exposi- 
tion, held in Chicago in 1893. 



CONSTITUTION OF ILLINOIS. 3T9 

consent of the majority of the voters of the county to which it is pro- 
posed to be added. But the portion so stricken off and added to an- 
other county, or formed in whole or in part into a new county, shall 
be holden for, and obliged to pay its proportion of the indebtedness of 
the county from which it has been taken. 

COUNTY SEATS. 

4. No county seat shall be removed until the point to which it is pro- 
posed to be removed shall be fixed in pursuance of law, and three-fifths 
of the voters of the county, to be ascertained in such manner as shall 
be provided by general law, shall have voted in favor of its removal to 
such point; and no person shall vote on such question who has not 
resided in the county six months, and in the election precinct ninety 
days next preceding such election. The question of the removal of a 
county seat shall not be oftener submitted than once in ten years to a 
vote of the people. But when an attempt is made to remove a county 
seat to a point nearer to the center of a county, then a majority vote 
only shall be necessary. 

OOUNTT GOVERNMENT. 

5. The general assembly shall provide, by general law, for township 
organization, under which any county may organize whenever a ma- 
jority of the legal voters of such county, voting at any general election, 
shall so determine, and whenever any county shall adopt township 
organization, so much of this constitution as provides for the manage- 
ment of the fiscal concerns of the said county by the board of county 
commissioners, may be dispensed with, and the affairs of said county 
may be transacted in such manner as the general assembly may provide. 
And in any county that shall have adopted a township organization, the 
question of continuing the same may be submitted to a vote of the 
electors of such county, at a general election, in the manner that now 
is or may be provided by law; and if a majority of all the votes cast 
upon that question shall be against township organization, then such 
organization shall cease in said county; and all laws in force in relation 
to counties not having township organization, shall immediately take 
effect and be in force in such county. No two townships shall have the 
same name, and the day of holding the annual township meeting shall 
be uniform throughout the state. 

6. At the first election of county judges under this constitution, there 
shall be elected in each of the counties in this state, not under town- 
ship organization, three oflBcers, who shall be styled "The board of 
county commissioners," who shall hold sessions for the transaction of 
county business as shall be provided by law. One of said commissioners 
shall hold his office for one year, one for two years, and one for three 
years, to be determined by lot; and every year thereafter one such 
officer shall be elected in each of said counties for the term of three 
years. 



380 APPENDIX "D." 

7. Tlie county affairs of Cook county shall be managed by a board of 
commissioners of fifteen persons, ten of whom shall be elected from the 
city of Chicago, and five from towns outside of said city, in such man- 
ner as may be provided by law. 

COTJNTT OFFICEES AND THEIR COMPENSATION. 

8. In each county there shall be elected the following county officers, 
at the general election to be held on the Tuesday after the first Mon- 
day in November, A. D. 1882: A county judge, county clerk, sheriff, 
and treasurer; and at the election to be held on the Tuesday after the 
first Monday in November, A. D. 1884, a coroner and clerk of the circuit 
court (who may be ex-offlcio recorder of deeds, except in counties hav- 
ing 60,000 and more inhabitants, in which counties a recorder of deeds 
shall be elected at the general election in 1884). Each of said ofiicers 
shall enter upon the duties of his ofiice, respectively, on the first Mon- 
day of December, after his election, and they shall hold their respective 
offices for the term of four years, and until their successors are elected 
and qualified: Provided, that no person having once been elected to the 
office of sheriff, or treasurer, shall be eligible to re-election to said office 
for four years after the expiration of the term for which he shall have 
been elected.* 

9. The clerks of all the courts of record, the treasurer, sheriff, coroner 
and recorder of deeds of Cook county, shall receive, as their only com- 
pensation for their services, salaries to be fixed by law, which shall in 
no case be as much as the lawful compensation of a judge of the circuit 
court of said county, and shall be paid, respectively, only out of the fees 
of the office actually collected. All fees, perquisites and emoluments 
(above the amount of said salaries) shall be paid into the county treas- 
ury. The number of the deputies and assistants of such officers shall 
be determined by rule of the circuit court, to be entered of record, and 
their compensation shall be determined by the county board. 

10. The county board, except as provided in section 9 of this article, 
shall fix the compensation of all county officers, with the amount of 
their necessary clerk hire, stationery, fuel and other expenses, and in 
all cases where fees are provided for, said compensation shall be paid 
only out of, and shall in no instance exceed, the fees actually collected; 
they shall not allow either of them more per annum than $1,500, in 
counties not exceeding 20,000 inhabitants; $2,000 in counties contain- 
ing 20,000 and not exceeding 30,000 inhabitants; $2,500 in counties con- 
taining 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties 
containing 50,000 and not exceeding 70,000 inhabitants; $3,500 in coun- 
ties containing 70,000 and not exceeding 100,000 inhabitants; and $4,000 
in counties containing over 100,000 and not exceeding 250,000 inhab- 
itants; and not more than $1,000 additional compensation for each addi- 
tional 100,000 inhabitants: Provided, that the compensation of no officer 
shall be increased or diminished during his term of office. All fees or 

* This section as amended was proposed by the general assembly, 1B79, ratified by a vote 
of the people November 2, 1880, proclaimed adopted by the governor November 23, 1880. 



COA^STITUTION OF ILLINOIS. 381 

allowances by them received, in excess of tteir said compensation, shall 
be paid into the county treasury. 

11. The fees of township officers, and of each class of county officers, 
shall be uniform in the class of counties to which they respectively be- 
long. The compensation herein provided for shall apply only to officers 
hereafter elected, but all fees established by special laws shall cease at 
the adoption of this constitution, and such officers shall receive only 
such fees as are provided by general law. 

12. All laws fixing the fees of state, county and township officers, 
shall terminate with the terms, respectively, of those who may be in 
office at the meeting of the first general assembly after the adoption of 
this constitution; and the general assembly shall, by general law, uni- 
form in its operation, provide for and regulate the fees of said officers 
and their successors, so as to reduce the same to a reasonable compen- 
sation for services actually rendered, but the general assembly may, by 
general law, classify the counties by population into not more than 
three classes, and regulate the fees according to class. This article shall 
not be construed as depriving the general assembly of the power to re- 
duce the fees of existing officers. 

13. Every person who is elected to any office in this state, who shall 
be paid in whole or in part by fees, shall be required by law to make a 
semi-annual report, under oath, to some officer to be designated by law, 
of all his fees and emoluments. 

Aeticle XI. 

COEPORATIONS. 

1. No corporation shall be created by special laws, or its charter ex- 
tended, changed or amended, except those for charitable, educational, 
penal or reformatory purposes, which are to be and remain under the 
patronage and control of the state, but the general assembly shall pro- 
vide, by general laws, for the organization of all corporations hereafter 
to be created. 

2. All existing charters or grants of special or exclusive privileges, 
under which organization shall not have taken place, or which shall not 
have been in operation within ten days from the time this constitution 
takes effect, shall thereafter have no validity or effect whatever. 

3. The general assembly shall provide, by law, that in all elections 
for directors or managers of incorporated companies, every stockholder 
shall have the right to vote, in person or by proxy, for the number of 
shares of stoc'k owned by him, for as many persons as there are direct- 
ors or managers to be elected, or to accumulate said shares, and give 
one candidate as many votes as the number of directors multiplied by 
the number of his shares of stock shall equal, or to distribute them on 
the same principle among as many candidates as he shall think fit; 
and such directors or managers shall not be elected in any other man- 
ner. 

4. No law shall be passed by the general assembly granting the right 
to construct and operate a street railroad within any city, town or incor- 



382 APPENDIX "d." 

porated village, without requiring the consent of the local authorities 
having the control of the street or highway proposed to be occupied by- 
such street railroad. 



5. No state bank shall hereafter be created, nor shall the state own or 
be liable for any stock in any corporation or joint stock company or as- 
sociation for banking purposes, now created, or to be hereafter created. 
No act of the general assembly authorizing or creating corporations or 
associations with banking powers, whether of issue, deposit or discount, 
nor amendments thereto, shall go into effect or in any manner be in 
force unless the same shall be submitted to a vote of the people at the 
general election next succeeding the passage of the same, and be ap- 
proved by a majority of all the votes cast at such election for or against 
such law. 

6. Every stockholder in a banking corporation or institution shall be 
individually responsible and liable to its creditors, over and above the 
amount of stock by him or her held, to an amount equal to his or her 
respective shares so held, for all its liabilities accruing while he or she 
remains such stockholder. 

7. The suspension of specie payments by banking institutions, on 
their circulation, created by the laws of this state, shall never be per- 
mitted or sanctioned. Every banking association now, or which may 
hereafter be organized under the laws of this state, shall make and 
publish a full and accurate quarterly statement of its affairs (which 
shall be certified to, under oath, by one or more of its officers), as may 
be provided by law. 

8. If a general banking law shall be enacted, it shall provide for the 
registry and countersigning, by an officer of the state, of all bills or 
paper credit, designed to circulate as money, and require security, to 
the full amount thereof, to be deposited with the state treasurer, in 
the United States or Illinois state stocks, to be rated at ten per cent, 
below their par value; and in case of a depreciation of said stocks to the 
amount of ten per cent, below par, the bank or banks owning said 
stocks shall be required to make up said deficiency by depositing ad- 
ditional stocks. And said law shall also provide for the recording of 
the names of all stockholders in such corporations, the amount of stock 
held by each, at the time of any transfer thereof, and to whom such 
transfer is made. 

BAILEOADS. 

9. Every railroad corporation organized or doing business in this 
state, under the laws or authority thereof, shall have and maintain a 
public office or place in this state for the transaction of its business, 
where transfers of stock shall be made, and in which shall be kept, for 
public inspection, books, in which shall be recorded the amount of cap- 
ital stock subscribed, and by whom; the names of the owners of its 
stock, and the amounts owned by them respectively; the amount of 



CONSTITUTION OF ILLINOIS. 383 

Stock paid in, and by whom; the transfer of said stock; the amount of 
its assets and' liabilities, and the names and place of residence of its offi- 
cers. The directors of every railroad corporation shall, annually, make 
a, report, under oath, to the auditor of public accounts, or some officer 
to be designated by law, of all their acts and doings, which report shall 
include such matters relating to railroads as may be prescribed by law. 
And the general assembly shall pass laws enforcing by suitable penal- 
ties the 'provisions of this section. 

10. The rolling stock, and all other movable property belonging to 
any railroad company or corporation in this state, shall be considered 
personal property, and shall be liable to execution and sale in the same 
manner as the personal property of individuals, and the general assem- 
bly shall pass no law exempting any such property from execution and 
sale. 

11. No railroad corporation shall consolidate its stock, property or 
franchise with any other railroad corporation owning a parallel or 
competing line; and in no case shall any consolidation take place, ex- 
cept upon public notice given, of at least sixty days, to all stockholders, 
in such manner as may be provided by law. A majority of the directors 
of any railroad corporation, now incorporated or hereafter to be incor- 
porated by the laws of this state, shall be citizens and residents of this 
state. 

12. Railways heretofore constructed, or that may hereafter be con- 
structed in this state, are hereby declared public highways, and shall 
be free to all persons for the transportation of their persons and prop- 
erty thereon, under such regulations as may be prescribed by law. And 
the general assembly shall, from time to time, pass laws establishing 
reasonable maximum rates of charges for the transportation of pas- 
sengers and freight on the different railroads in this state. 

13. No railroad corporation shall issue any stock or bonds, except for 
money, labor or property actually received, and applied to the purposes 
for which such corporation was created; and all stock dividends, and 
other fictitious increase of the capital stock or indebtedness of any such 
corporation, shall be void. The capital stock of no railroad corporation 
shall be increased for any purpose, except upon giving sixty days' public 
notice, in such manner as may be provided by law. 

14. The exercise of the power, and the right of eminent domain, shall 
never be so construed or abridged as to prevent the taking, by the gen- 
eral assembly, of the property and franchises of incorporated com- 
panies already organized, and subjecting them to the public necessity 
the same as of individuals. The right of trial by jury shall be held in- 
violate in all trials of claims for compensation, when, in the exercise 
of the said right of eminent domain, any incorporated company shall 
be interested either for or against the exercise of said right. 

15. The general assembly shall pass laws to correct abuses and pre- 
vent unjust discrimination and extortion in the rates of freight and 
passenger tariffs on the different railroads in this state, and enforce 
such laws by adequate penalties, to the extent, if necessary for that 
purpose, of forfeiture of their property and franchises. 



384 APPENDIX "d." 

Abticu; XII. 

MILITIA. 

1. The militia of the state of Illinois shall consist of all able-bodied 
male persons, residents in the state, between the ages of eighteen and 
forty-five, except such persons as now are, or hereafter may be, ex- 
empted by the laws of the United States, or of this state. 

2. The general assembly, in providing for the organization, equip- 
ment and discipline of the militia, shall conform as nearly as practi- 
cable to the regulations for the government of the armies of the United 
States. 

3. All militia ofiicers shall be commissioned by the governor, and may 
hold their commissions for such time as the general assembly may pro- 
vide. 

4. The militia shall in all cases, except treason, felony, or breach of 
the peace, be privileged from arrest during their attendance at musters 
and elections, and in going to and returning from the same. 

5. The military records, banners and relics of the state, shall be pre- 
served as an enduring memorial of the patriotism and valor of Illinois, 
and it shall be the duty of the general assembly to provide, by law, for 
the safe keeping of the same. 

6. No person having conscientious scruples against bearing arms 
shall be compelled to do militia duty in time of peace: Provided, such 
person shall pay an equivalent for such exemption. 

Abticle XIII. 

WAREHOUSES. 

1. All elevators or storehouses where grain or other property is 
stored for a compensation, whether the property stored be kept separate 
or not, are declared to be public warehouses. 

2. The owner, lessee or manager of each and every public warehouse 
situated in any town or city of not less than 100,000 inhabitants, shall 
make weekly statements under oath, before some officer to be designated 
by law, and keep the same posted in some conspicuous place in the 
office of such warehouse, and shall also file a copy for public examina- 
tion in such place as shall be designated by law, which statement shall 
correctly set forth the amount and grade of each and every kind of grain 
in such warehouse, together with such other property as may be stored 
therein, and what warehouse receipts have been issued, and are, at the 
time of making such statement, outstanding therefor; and shall, on 
the copy posted in the warehouse, note daily such changes as may be 
made in the quantity and grade of grain in such warehouse; and the 
different grades of grain shipped in separate lots shall not be mixed with 
inferior or superior grades without the consent of the owner or con- 
signee thereof. 

3. The owners of property stored in any warehouse, or holder of a 
receipt for the same, shall always be at liberty to examine such property 



CONSTITUTION OF ILLINOIS. 385 

Stored, and all the books and records of the warehouse in regard to such 
property. 

4. All railroad companies and other common carriers on railroads 
shall weigh or measure grain at points where it is shipped, and receipt 
for the full amount, and shall be responsible for the delivery of such 
amount to the owner or consignee thereof, at the place of designation. 

5. All railroad companies receiving and transporting grain in bulk 
or otherwise, shall deliver the same to any consignee thereof, or any 
elevator or public warehouse to which it may be consigned, provided 
such consignee or the elevator or public warehouse can be reached by 
any track owned, leased or used, or which can be used, by such railroad 
companies; and all railroad companies shall permit connections to be 
made with their track, so that any such consignee, and any public ware- 
house, coal bank or coal yard, may be reached by the cars on said rail- 
road. 

6. It shall be the duty of the general assembly to pass all necessary 
laws to prevent the issue of false and fraudulent warehouse receipts, 
and to give full effect to this article of the constitution, which shall be 
liberally construed so as to protect producers and shippers. And the 
enumeration of the remedies herein named shall not be construed to 
deny to the general assembly the power to prescribe by law such other 
and further remedies as may be found expedient, or to deprive any per- 
son of existing common law remedies. 

7. The general assembly shall pass laws for the inspection of grain, 
for the protection of producers, shippers and receivers of grain and 
produce. 

Aeticle XIV. 

AMENDMENTS TO THE CONSTirUTION. 

1. Whenever two-thirds of the members of each house of the general 
assembly shall, by a vote entered upon the journals thereof, concur that 
a convention is necessary to revise, alter or amend the constitution, the 
question shall be submitted to the electors at the next general election. 
If a majority voting at the election vote for a convention, the general 
assembly shall, at the next session, provide for a convention, to consist 
of double the number of members of the senate, to be elected in the same 
manner, at the same places and in the same districts. The general as- 
sembly shall, in the act calling the convention, designate the day, hour 
and place of its meeting, fix the pay of its members and officers, and pro- 
vide for the payment of the same, together with expenses necessarily in- 
curred by the convention in the performance of its duties. Before pro- 
ceeding, the members shall take an oath to support the constitution of 
the United States, and of the state of Illinois, and to faithfully discharge 
their duties as members of the convention. The qualification of mem- 
bers shall be the same as that of members of the senate, and vacancies 
occurring shall be filled in the manner provided for filling vacancies in 
the general assembly. Said convention shall meet within three months 
after such election, and prepare such revision, alteration or amend- 
ments of the constitution as shall be deemed necessary, which shall be 

25 



386 APPENDIX "d." 

submitted to the electors for their ratification or rejection, at an elec- 
tion appointed by the convention for that purpose, not less than tv/o nor 
more than six months after the adjournment thereof; and unless so 
submitted and approved by a majority of the electors voting at the 
election, no such revision, alterations or amendments shall take effect. 
2. Amendments to this constitution may be proposed in either house 
of the general assembly, and if the same shall be voted for by two-thirds 
of all the members elected to each of the two houfees, such proposed 
amendments, together with the yeas and nays of each house thereon, 
shall be entered in full on their respective journals; and said amend- 
ments shall be submitted to the electors of this state for adoption or re- 
jection, at the next election of members of the general assembly, in 
such manner as may be prescribed by law. The proposed amendments 
shall be published in full at least three months preceding the election, 
and if a majority of the electors voting at said election shall vote for 
the proposed amendments, they shall become a part of this constitution. 
But the general assembly shall have no power to propose amendments 
to more than one article of this constitution at the same session, nor to 
the same article oftener than once in four years. 

SEPARATE SECTIONS. 

ILLINOIS CENTRAL EAILEOAD. 

No contract, obligation or liability whatever, of the Illinois Central 
Railroad Company, to pay any money into the state treasury, nor any 
lien of the state upon, or right to tax property of said company in ac- 
cordance with the provisions of the charter of said company, approved 
February 10th, in the year of our Lord 1851, shall ever be released, sus- 
pended, modified, altered, remitted, or in any manner diminished or im- 
paired by legislative or other authority; and all moneys derived from 
said company, after the payment of the state debt, shall be appropriated 
and set apart for the payment of the ordinary expenses of the state 
government, and for no other purposes whatever, 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRWATE CORPORATIONS. 

No county, city, town, township or other municipality, shall ever be- 
come subscriber to the capital stock of any railroad or private corpora- 
tion, or make donation to or loan its credit in aid of such corporation: 
Provided, however, that the adoption of this article shall not be con- 
strued as affecting the right of any such municipality to make such sub- 
scriptions where the same have been authorized, under existing laws, 
by a vote of the people of such municipalities prior to such adoption. 



The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have been 
submitted to a vote of the people of the state at a general election, and 
have been approved by a majority of all the votes polled at such elec- 



CONSTITUTION OF ILLINOIS. 387 

tion. The general assembly shall never loan the credit of the state, or 
make appropriations from the treasury thereof, in aid of railroads or 
canals: Provided, that any surplus earnings of any canal may be ap- 
propriated for its enlargement or extension. 

CONVICT LABOR. 

Hereafter it shall be unlawful for the commissioners of any peniten- 
tiary or other reformatory institution in the state of Illinois, to let by 
contract to any person or persons, or corporations, the labor of any 
convict confined within said institution. (This section was submitted 
to the voters at the election in November, 1886, as an amendment, was 
adopted, and became a part of this Constitution.) 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this state, and to carry the same 
into complete effect, it is hereby ordained and declared : 

1. That all laws in force at the adoption of this constitution, not in- 
consistent therewith, and all rights, actions, prosecutions, claims, and 
contracts of this state, individuals, or bodies corporate, shall continue 
to be as valid as if this constitution had not been adopted. 

2. That all fines, taxes, penalties and forfeitures, due and owing to 
the state of Illinois under the present constitution and laws, shall inure 
to the use of the people of the state of Illinois, under this constitution. 

3. Recognizances, bonds, obligations, and all other instruments en- 
tered into or executed before the adoption of this constitution, to the 
people of the state of Illinois, to any state or county oflBcer or public 
body, shall remain binding and valid; and rights and liabilities upon 
the same shall continue, and all crimes and misdemeanors shall be 
tried and punished as though no change had been made in the constitu- 
tion of this state. 

4. County courts for the transaction of county business in counties not 
having adopted township organization, shall continue in existence and 
exercise their present jurisdiction until the board of county commis- 
sioners provided in this constitution is organized in pursuance of an 
act of the general assembly; and the county courts in all other counties 
shall have the same power and jurisdiction they now possess until other- 
wise provided by general law. 

5. All existing courts v/hich are not in this constitution specifically 
enumerated, shall continue in existence and exercise their present juris- 
diction until otherv/ise provided by law. 

6. All persons now filling any office or appointment shall continue in 
the exercise of the duties thereof according to their respective commis- 
sions or appointments, unless by this constitution it is otherwise di- 
rected. 

4;*********** 

18. All laws of the state of Illinois, and all official writings, and the 
executive, legislative and judicial proceedings, shall be conducted, pre- 
served and published in no other than the English language. 



388 APPENDIX "D/' 

19. The general assembly shall pass all laws necessary to carry into 
effect the provisions of this constitution. 

20. The circuit clerks of the different counties having a population 
over sixty thousand, shall continue to he recorders (ex officio) for their 
respective counties, under this constitution, until the expiration of their 
respective terms. 

21. The judges of all courts of record in Cook county shall, in lieu 
of any salary provided for in this constitution, receive the compensation 
now provided by law until the adjournment of the first session of the 
general assembly after the adoption of this constitution. 

22. The present judge of the circuit court of Cook county shall con- 
tinue to hold the circuit court of Lake county until otherwise provided 
by law. 

23. When this constitution shall be adopted, and take effect as the 
supreme law of the state of Illinois, the two-mill tax provided to be an- 
nually assessed and collected upon each dollar's worth of taxable prop- 
erty, in addition to all other taxes, as set forth in article fifteen of the 
now existing constitution, shall cease to be assessed after the year of 
our Lord one thousand eight hundred and seventy. 

24. Nothing contained in this constitution shall be so construed as to 
deprive the general assembly of power to authorize the city of Quincy to 
create any indebtedness for railroad or municipal purposes, for which 
the people of said city shall have voted, and to which they shall have 
given, by such vote, their assent, prior to the thirteenth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and sixty- 
nine: Provided, that no such indebtedness, so created, shall in any part 
thereof be paid by the state, or from any state revenue, tax or fund, 
but the same shall be paid, if at all, by the said city of Quincy alone, and 
by taxes to be levied upon the taxable property thereof: And, provided, 
further, that the general assembly shall have no power in the premises 
that it could not exercise under the present constitution of this state. 

25. In case this constitution and the articles and sections submitted 
separately be adopted, the existing constitution shall cease in all its 
provisions; and in case this constitution be adopted, and any one or 
more of the articles or sections submitted separately be defeated, the 
provisions of the existing constitution (if any) on the same subject 
shall remain in force. 

26. The provisions of this constitution required to be executed prior 
to the adoption or rejection thereof shall take effect and be in force im- 
mediately. 

Done in convention at the capitol, in the city of Springfield, on the 
thirteenth day of May, in the year of our Lord one thousand eight hun- 
dred and seventy, and of the independence of the United States of 
America the ninety-fourth. 



INDEX TO FORMS * 



Beferences are to pages. 
ACKNOWLEDGMENT— 

of school mortgage, 93. 
of release deed, 94. 

AGE AND SCHOOL CERTIFICATE UNDER CHILD LABOR LAW, 

294. 

APPEALS— 

certificate of county superintendent in, 34. 
from decision of trustees, notice of, 73. 

BOARD OF EDUCATION— 
notice of election of, 140. 

BOND— 

of county superintendent, 22. 

of township treasurer, 83. 

notice of election on bond issue, 185. 

BONDS— 

treasurer's record of notes and, 88. 

BUILDING ACCOUNT— 

warrant for payment on, 156, 157. 

CERTIFICATE— 

age and school, under Child Labor Law, 293, 294. 

evening school, under Child Labor Law, 294. 

of county superintendent in appeals, 34. 

of examination of teachers' schedule, 169. 

of result of election of trustees, 47. 

of renewal of teacher's, 161. 

of revocation of teacher's, 161. 

of tax levy, 177. 

of teacher, 160. 

CHILD LABOR LAW— 

age and school certificate under, 293, 294. 
evening school certificate under, 294. 

*In order to distinguish statutory forms from those suggested by the 
author, the former have been printed in the same type as the text of 
the law, and the latter in the same type as the citations and comments, 
except in a few instances where this distinction is otherwise noted. 



390 INDEX TO FORMS. 

References are to pages. 

COMPULSORY EDUCATION ACT— 
notice under, 269. 

CONTRACT WITH TEACHER, 117. 

COUNTY SUPERINTENDENT— 
bond of, 22. 

certificate of, on appeals, 34. 
mortgage to, 33. 
note to, 33. 

notice of payment to township treasurer by, 28. 
receipt of township treasurer to, 33. 

statement to township treasurer by, as to distribution of state 
fund, 30. 

DEMAND FOR ADDITIONAL SECURITY, 94. 

DEPENDENT BOY— 
receipt for, 308. 
warrant for commitment of, 308. 

DEPENDENT GIRL— 
receipt for, 303. 
warrant for commitment of, 303. 

DIRECTORS— 

notice of special meeting of, 110. 
summary of votes cast at election of, 109. 

DISTRICT— 

notice to directors on petition to change, 69. 
petition to divide, 66. 
petition to form new, 67. 

ELECTION— 

certificate of result of, for trustees, 47. 

notice of district, 106. 

notice of election of l)oard of education, 140. 

notice of election of trustees, 40. 

notice of election on question of organization under Free School 

Law, 148. 
notice of, for sale of lands, 204. 
notice of high school, 57. 
notice of, on bond issue, 185. 
notice of, in new district, 77. 
notice of, under act of June 2, 1891, 237. 
notice of, to establish manual training department, 270. 
oaths of judges and clerks of, 46. 
poll books of district, 108. 
poll book of election of trustees, 46. 
shmmary of votes cast at, for directors, 109. 
summary of votes cast at, for trustees, 47. 



INDEX TO FOEMS. 391 

References are to pages. 
EMPLOYES— 

warrant for payment of teachers and, 156. 
ENDORSEMENT OP TEACHER'S ORDER, 170. 
EVENING SCHOOL— 

certificate under Child Labor Law, 294. 
FINES— 

notice to justice of the peace to report collection of, 213. 

report of justice of the peace of fines collected, 214. 
FREE SCHOOL LAW— 

notice of election on question of organization under, 148. 

HIGH SCHOOI^ 

notice of election, 57. 

INSTITUTE FUND— 
order on, 165. 
receipt for, 165. 
report of, 165. 

JUSTICE OF THE PEACE— 

notice to report fines collected, 213. 

report of fines collected, 214. 

report under Juvenile Court Law, 287. 

JUVENILE COURT LAW— 
notice under, 288. 
petition under, 287. 

report of justice of the peace under, 287. 
statement of case under, 287. 

MANUAL TRAINING DEPARTMENT— 
notice of election to establish, 270. 

MORTGAGE— 

acknowledgment of school, 93. 
release of school, 94. 
to county superintendent, 33. 
to trustees of schools, 92. 

NEW DISTRICT— 

notice of election in, 77. 
petition to form, 67. 

NOTE— 

to county superintendent, 33. 
to trustees of schools, 91. 

NOTES— 

treasurer's record of notes and bonds, 88. 

NOTICE— 

of appeal from decision of trustees, 73. 
of district election, 106. 
of election of trustees, 40. 



392 INDEX TO FORMS. 

References are to pages. 

NOTICE (continued) — 

of election of board of education, 140. 

of election on question of organization under Free School Law, 148. 

of election for sale of lands, 204. 

of election in new district, 77. 

of election on bond issue, 185. 

Of election to establish manual training department, 270. 

of election under act of June 2, 1891, 237. 

of funds on hand to pay teachers' orders, 98. 

of high school election, 57. 

of sale of school lands, 206. 

of sale of school house and site, 55. 

of special meeting of directors, 110. 

of special meeting of trustees, 48. 

proof of service of, 70. 

publication of revocation of certificate, 161. 

to directors on petition to change district, 69. 

to directors of payment by county superintendent to township 

treasurer, 28. 
to district of revocation of teacher's certificate, 161. 
to justice of the peace to report fines collected, 213. 
under Compulsory Education Act, 269. 
under Juvenile Court Law, 288. 
under Parental School Law, 277. 

OATH OF JUDGES AND CLEIRKS OF ELECTION, 46. 

ORDER— 

against uncollected taxes, 133. 
for teacher's wages, 170. 
on Institute Fund, 165. 
on township treasurer, 136. 

PARENTAL SCHOOL LAW— 
notice under, 277. 
petition under, 276. 

report of principal under, 274. ? 

report of truant officer under, 275. 
statement of case under, 277. 

PERMIT FOR TRANSFER OF PUPIL, 136. 

PETITION— 

to detach territory, 66. 
to divide district, 66. 
to form new district, 67. 
under Juvenile Court Law, 287. 
under Parental School Law, 276. 

POLL BOOK— 

of district election, 108. 
of election of trustees, 46. 



INDEX TO FORMS. 393 

Beferences are to pages. 

PROOF OF SERVICE OF NOTICE, 70. 

PUPIL— 

permit for transfer of, 136. 

RECEIPT— 

for dependent boy, 808. 

for dependent girl, 303. 

for Institute Fund, 165. 

for teachers' schedules, 169. 

of township treasurer to county superintendent, 33. 

RECORD OF TEACHERS' CERTIFICATES, 162. 

REGISTER— 
teacher's, 167. 

REGISTRATION FEES— 
report of, 165. 

RELEASE— 

acknowledgment of release deed, 94. 
of school mortgage, 93. 

REPORT— 

of Institute Fund, 165. 

of justice of the peace of fines collected, 214. 

of justice of the peace under Juvenile Court Law, 287. 

of principal under Parental School Law, 274. 

of registration fees, 165. 

of truant officer under Parental School Law, 275. 

REVOCATION— 

notice to district of revocation of teacher's certificate, 161. 

of teacher's certificate, 161. 
publication of notice of, 161. 

SALE— 

notice of election for sale of lands, 204. 

notice of sale of land, 206. 

notice of sale of school house or site, 55. 

SCHEDULE— 

certificate of examination of teacher's, 169. 
receipt for, 169. 
teacher's, 168. 

SECURITY— 

demand for additional, 94. 

STATE FUND— 

statement of distribution to township treasurer, 30. 

SUMMARY OF VOTES— 

at election of directors, 109. 
at election of trustees, 47. 



394 INDEX TO FORMS.. 

References are to pages. 
TAX— 

certificate of levy, 177. 

TEACHER— 

certificate of examination of schedule, 169. 

certificate of, 160. 

contract with, 117. 

endorsement of order, 170. 

notice of funds on hand to pay order of, 98. 

notice to district of revocation of certificate of, 161. 

order for wages, 170. 

publication of notice of revocation of certificate, 161. 

receipt for schedule of, 169. 

record of certificates of, 162. 

register of, 167. 

renewal of certificate of, 161. 

revocation of certificate of, 161. 

schedule of, 168. 

warrant for payment of teachers and employees, 156. 

TREASURER- 

record of notes and bonds, 88. 
township, bond of, 83. 

township, notice of payment by county superintendent to, 28. 
township, order on, 136. 

township, receipt of, to county superintendent, S3, 
township, statement to, by county superintendent, of distribution 
of State Fund, 30. 

TRUANT OFFICER— 

report under Parental School Law, 275. 

TRUSTEES— 

certificate of result of election for, 47. 

mortgage to, 92. 

note to, 91. 

notice of appeal from decision of, 73. 

notice of election of, 40. 

notice of special meeting of, 48. 

poll book of election of, 46. 

summary of votes cast at election of, 47. 

VOTES— 

summary of, at election of directors, 109. 
summary of, at election of trustees, 47. 

WARRANT— 

for payment of teachers and employes, 156. 
for payment on building account, 156, 157. 
of commitment of dependent boy, 308. 
of commitment of dependent girl, 303. 



INDEX. 



References are to pages. 
ACCOUNTS — 

of county superintendent, 25, 28. 

of township treasurer, examined by county superintendent, 27. 

same, mode of keeping, 87, 88. 

same, inspection of, 88. 

of township treasurer with districts, 97. 

same, semi-annual statement, 97. 

ACTIONS, CIVIL — 

against collector of taxes, 29, 183. 

against county board, 192. 

against persons for failure to pay over fines and forfeitures, 316. 

against purchaser of school lands, 207. 

against school officers, 218, 220, 221. 

against township treasurer, 100, 218. 

against township trustees, 31, 80, 217, 218. 

against trespassers on school lands, 203. 

brought in name of trustees, 96. 

on bond of county superintendent, 23. 

to recover interest, 96. 

to recover on mortgages, 94. 

to recover on notes, etc., belonging to the school fund, 91, 94. 

upon failure to furnish additional security for loan, 94 

ACTIONS, CRIMINAL — 

against school officers, 217, 218. 

against persons preventing colored children from attending school, 224. 

against trespassers on school lands, 203. 

ACTS — 

record to be kept of official, 48, 110, 146. 
repealed, 231. 

ADMINISTRATORS — 

to give preference to debts due the school fund, 95. 

ADVERTISEMENTS — 

of sale of school houses or site, 55. 
of sale of school lands, 55, 206. 

ADVICE — 

to school officers by State Superintendent, 17. 

to school officers and teachers by county superintendents, 27. 



396 INDEX. 

References are to pages. 
AGE — 

of persons enumerated, 50. 

in statistics of illiteracy, 50. 

taken as basis of apportionment of funds, 33, 49, 196. 

AGE AND SCHOOL CERTIFICATE — 

under Child Labor Law, 292. 
ANNEXED TERRITORY — 

control of schools in, 248. 
APPARATUS, SCHOOL — 

purchase of, 127. 

school teacher or officers may not sell, 20, 112. 223. 

APPEAL — 

from county superintendent to State Superintendent, 34, 
from trustees to county superintendent, 27, 73. 

APPORTIONMENT — 

of funds by auditor, 196. 

by county superintendent, 32. 

by township trustees, 119. 
APPRAISAL AND DISTRIBUTION — 

of district property, on formation of new district, 79. 

of school lands, 205. 

APPRAISERS - 

how appointed, 79. 

ASSESSORS — 

to note number of districts in assessing personal property, 181. 

ASSISTANT — 

of county superintendent, 25, 191. 
his compensation, 25, 191. 

ATTORNEYS, STATE'S — 

duties of, with regard to liens and forfeitures, 315. 

AUDITOR, STATE — 

to apportion public funds, 196. 

to withhold funds at request of State Superintendent, 20. 

to file transcript of land sales, 209. 

to issue patents for school lands, 209. 

to issue warrant for county superintendent's salary, 26, 189. 

to issue duplicates in case original lost, 210. 
BOARD OF DIRECTORS, 103. See Directors of Schools. 

BOARD OF EDUCATION, 137. 
appointed, 149, 285. 
conveyances of real estate, 147. 
elected, 138. 237, 240, 242. 
eligibility to membership, 150. 
funds withheld from, 228. 
organization, 336. 



INDEX. 397 

References are to pages. 

BOARD OF EDUCATION (continued) — 

powers and duties in cities of 1,000, 141-146. 

same, cities of 100,000, 149-156. 

powers, wlien exercised, 147, 154. 

same, not to be exercised by city council, 155. 

president, 139. 

president pro iem., 139. 

records of, 146, 150. 

reports of, 146, 154. 

successor to directors, 141, 

time and manner of election, 189, 140. 

term of office, 139, 141. 

to certify amount required for schools, 238. 

to appoint truant officer, 367. 

BOARD OF EDUCATION OF THE STATE OF ILLINOIS, 18, 830. 

Superintendent of Public Instruction to be member and secretary, 18. 

BOARD OF EDUCATION OF THE TOWNSHIP. See Township Board 
OF Education. 

BOND — 

county superintendent's, 33, 83. 

State Superintendent's, 15. 

township treasurer's, approved by county superintendent, 31, 83, 83. 

BONDED DEBT — 

how disposed of in case of change of district lines, 76. 

BONDS, 184. 

election to issue, 185. 

issuance of, 344. 

original issue, 184. 

same, amount limited, 184. 

same, registry of, 184. 

refunding indebtedness, 187. 

refunding surplus after payment, 343. 

vote of people for issue necessary, 184, 345. 

BOOKS. See Text Books. 

BOUNDARIES, DISTRICT. See District Boundaries. 

BOYS. TRAINING SCHOOL FOR, 306. 

BRANCHES OF STUDY — 

determined by directors, 120, 154, 164. 
by voters, 164. 
see also Teacher's Certificate. 

CALENDAR — 

of school elections, 334. 



398 INDEX, 

References are to pages. 
CENSUS — 

of cliildren under twenty-one, taken by county superintendent, 31. 
by directors, 111. 
by trustees, 51. 
State basis of apportionment by auditor, 196. 

CERTIFICATE — 

of amount of tax due each district, 177. 

of tax levy, 177. 

how made when district lies in two or more counties, 180. 

CERTIFICATE — 
, teacher's, 153, 155. 
age of applicants, 158. 
issued by county superintendent, 28, 160. 

examinations for, 28, 156, 160. 

fee for, 156, 164, 

grades of, 160. 

qualifications for, 158, 159. 

record of, 161. 

renewal of, 160. 

same, fee for, 164. 

revocation of, 160. 
issued by State Superintendent, 159. 

examination for. 159. 

revocation of, 159. 
teacher must possess, when enters upon duty, 162. 

CERTIFICATE OF PURCHASE. See Common School Lands. 

CHANGES OF TEXT BOOKS, 120. 

CHARITABLE INSTITUTIONS — 
to make report, 19. 
State educational, visited by State Superintendent, 19. 

CHILD LABOR LAW, 290. 

CHILDREN — 

all to receive a good common school education, 7, 114. 

secured the right to instruction in elementary branches, 267. 

colored, rights of in public schools, 223. 

illiterate, number of reported, 17, 50. 

number of in public schools reported, 17, 50. 

number of under twenty-one, basis of apportionment, 32, 49, 196. 

number of under twenty -one, reported, 17, 50. 

of school a je, miscellaneous acts relating to, 235. 

penalty for employing, 290. 

penalty for failure to report, 220. 

for false report, 220. 

unlawful to hire, under fourteen, 290. 



INDEX. 399 

References are to pages. 
OHURCHES — 

to receive no appropriation from school fund, 333. , 

CITIES AND TOWNS — 
of 1,000 inhabitants. 138. 
of 100.000 inhabitants, 149. 
with special charters, 147. 
same, modified, 338, 335. 

CITY COUNCIL — 

cannot exercise powers of board of education, 155. 

CITY TRE-VSURER — 

to hold school fund in certain cities, 155. 

CLASSES FOR DEAF CHILDREN, 364. 

CLERK OF BOARD OF DIRECTORS — 

appointed, 109. 

compensation. 133. 

to be notified of payment to township treasurer, 338. 

to keep a record, 110. 

same, to submit to treasurer, 110. 

to post exhibit of treasurer at annual election, 123. 

to report names of president and clerk to trustees, 111. 

to report to township treasurer, 111. 

board of trustees, see Township Treasurer. 
CLERKS OF COURTS OF RECORD — 

to report and pay over fines and forfeitures, 315. 

COLLECTOR OF TAXES — 

liability of, for non-payment of district taxes collected, 183. 

to give notice to directors and trustees, 338. 

to pay amount of auditor's warrant to county superintendent, 196. 

same, liability for failure, 197. 

to pay amount of district taxes collected to township treasurer, 183. 

to state to township treasurer amount of district taxes uncollected, 183. 

COLLEGES, ETC.— 

to report, 339. 
COLORED CHILDREN — 

in public schools, 333. 

COMMON SCHOOL LANDS— 
sixteenth section, 300. 

business with regard thereto, where transacted, 303. 
certificate of purchase of, 308. 

filed with county superintendent, 308. 

duplicate of, 310. 
patents, conveying title to, 309. 

duplicates, 310. 
payment to secure purchase, 307. 

failure to make, 307. 



400 INDEX. 

References are to pages. 

COMMON SCHOOL LANDS (continued) — 
records of county superintendents, 39. 
rental of, 203. 
riglit of way over, 202. 
sale of, 203, 205. 

advertisement of, 306. 

at private sale, 208. 

made by county superintendent, 307. 

manner of, 207. 

petition for, 203. 

in fractional townships, 205. 

notice of, given trustees, 205. 

place of, 306. 

terms of, 307. 
sale of at subsequent time, 307. 
statement of sales of, to county board, 309. 

examined and recorded, 209. 

transcript of, filed with auditor, 309. 
trustees to divide into lots and plat, 305. 
to value lots, 205. 
to revalue lots, 308. 

See also Real Estate. 

COMPENSATION OF SCHOOL OFFICERS, 330. 
of assistants of county superintendent, 35, 191. 
of clerk of board of directors, 133. 
of county superintendent, 35. 
of judges and clerks of election, 346. 
of township treasurer, 103. 

COMPULSORY ATTENDANCE, 367. 

COMPULSORY EDUCATION, 267. 

CONDEMNATION OF LAND FOR SCHOOL SITE, 135. 

CONFERRING DEGREES, 336. 
CONSOLIDATION — 

of districts, see District Boundaries. 

of townships, see Township. 
CONSTITUTION OF ILLINOIS — 

of 1818, 3. 

of 1848, 3. 

of 1870, 3, 7-11, 355. 

CONSTITUTION OF UNITED STATES, 338. 

CONTRACTS — 

of boards of trustees and directors, members not to be interested 111. 
made with teachers, conditions of validity of, 158. 

CONTROL OF SCHOOL HOUSES, 138. 



INDEX. 401 

References axe to pagea 
CONTROVERSIES — 

arising under school law, 34 

appeal of, to State Superintendent, 34. 

CONVEYANCE OF REAL ESTATE — 
by county superintendent, 29, 208. 
by trustees, 55, 
to cities in trust, 154. 

CORPORATION — 

board of directors a, 104. 
board of trustees a, 88. 
not to make sectarian grants, 332, 
power to confer degrees, 336. 

COSTS — 

not chargeable to school officers, when, 235. 

COUNTY BOARD, 191. 

bills of county superintendent to be audited by, 35, 193. 

bond of county superintendent approved by, 33, 

same, increased by, 191. 

duties, 192, 193. 

examination of report and securities of county superintendent, 193. 

examination of report of land sales by, 26, 192. 

liability of, for failure to make examination, 193, 

may require new bond of county superintendent, 23, 191. 

must furnish office and supplies, 33, 192. 

powers, 191, 192. 

to remove county superintendent, 191, 

vacancy in office of county superintendent, 23, 193. 

COUNTY CLERK, 188, 

election of trustees ordered by, 41. 

list of trustees furnished county superintendent, 21, 188, 

map of township filed by, 75, 

taxpayers, list of, filed by, 75, 

to compute district taxes, 181, 189. 

to certify same to township treasurers, 183, 189, 

to furnish certificate of value of property, 188, 189, 

to preserve and record county superintendent's report, 190. 

to record changes in boundaries, 188, 

to record statement of land sales, 190. 

to transmit county superintendent's bill to State Auditor, 189. 

COUNTY FUND — 

consists of what, 197. 

loaned by county superintendent, 38. 

COUNTY NORMAL SCHOOLS, 298. 
26 



4:02 INDEX. 

References are to pages. 

COUNTY SUPERINTENDENT OF SCHOOLS, 11, 21. 
action on bond of, 23. 

accounts of township treasurer examined by, 27. 
adviser of school teachers and officers, 37. 
appeal from, to State Superintendent, 34, 
appeal to, from action of trustees, 27, 73. 
apportionment of funds by, 32. 
same, of interest on county funds, 32. 
assistant of, 25, 192. 
bond of, 22. 

bond of township treasurer approved and held by, 31. 
may demand that same be increased, 83. 
certificate, teacher's, may grant, 28, 160. 
same, may renew or revoke, 160. 
same, to make record of, 28, 161. 
compensation of, 23. 

controversies under school law referred to, 34. 
county funds loaned by, 33. 
criminally liable for perversion of funds, 220. 
directors may order election of, 107. 
same, may remove, 29, 135. 
duties of, 26, 29. 
examination of accounts, 26. 
election of, 21. 

examination of teachers, to make, 28, 160. 
examination of treasurer's accounts, etc., to make, 27. 
fines and forfeitures, duties of, concerning, 213. 
funds withheld by, 32, 228. 
insufficient bond, 23. 
liable for loss to school fund, 221. 
notes, etc., taken by, 33. 
numbering school districts, 259. 
oath of office taken by, 22. 
office for, 23, 192. 

office turned over to successor by, 34. 
powers, 29. 

real estate liable for demands, 220. 
real estate, may sell, convey, and lease, 29, 211. 
recommend remission of penalty, 29. 
records kept by, 28. 
record of institute fund, 28. 
removal of, by county board, 23, 191. 
removal of school directors by, 29. 
report of, to county board, 26, 28, 30, 192. 
same, to State Superintendent, 18, 30. 
same, to trustees, on treasurer's accounts, etc., 27. 
sale of common school lands by, see Common School Lajstds. 
schools visited by, 26. 



INDEX. 403 

References are to pages. 

COUNTY SUPERINTENDENT OF SCHOOLS (continued) — 
statistics of townships, may make up, 31. 
same, cost of may collect from trustees, 31. 
supplies for, 23. 

teachers' institutes conducted by, 27, 165. 
time limited in certain cases, 24, 191. 
to direct method of keeping treasurer's accounts, 39. 
to give notice of election in certain cases, 27, 28. 
to file statement of trustees. 29. 
to hold institute fund, 164. 
to keep poll books and returns, 27. 
to register applicants to normal schools, 26. 
treasurer's accounts examined by, 27. 
treasurer's bond approved and held by, 3L 
trustees, election of, ordered by, 27, 44. 
vacancy in office of, how filled, 23, 192. 

COUNTY TREASURER — 

to give notice to directors and trustees, 228. 
COURT, JUVENILE, 278. 

CRIPPLED CHILDREN — 

schools for, 289. 
DEAF CHILDREN, 264. 
DEBT — 

bonded, disposition in case of change of district lines, 79. 
DEBTS — 

of old district to be deducted, 79. 

due school funds, preferred claims, 95. 

same, may be compromised by trustees, 56. 

DEFAULT - 

in payment of loans or interest thereon, 96. 
penalty for same, 96. 

DEGREES — 

conferring of, 336. 
DEMANDS AGAINST SCHOOL OFFICERS — 

liens for, upon real estate, 220. 

DIPLOMA — 

of county normal school, sometimes qualification for first-grade certifi- 
cate, 158. 
DIRECTORS OF SCHOOLS — 

a body politic and corporate, 104. 

absence or refusal to act of president or clerk. 111. 

appointment in certain cases. 235. 

boards of, elected, 103. 

apparatus purchased by, when, 127. 

bonds issued by, 129, 184. 



404: INDEX. 

References are to pages. 

DIRECTOES OF SCHOOLS (continued) — 
bonds refunded by, 187. 
branches of study prescribed by, 120. 
certificate of tax ievy made by, 177. 
same, when to return, 177. 

same, when district is in two or more counties, 180. 
clerk of, see Clerk. 
dismissal of teacher, 123. 
duties of, with regard to the schools, 112-120. 
election of, 105. 
same, notices of, 105. 

same, ordered by county superintendent, 107. 
same, ordered by township treasurer, 107. 
election of, on Saturday, 105. 
same, postponed, 107. 

elections to choose school sites, etc., called by, 133. 
eligibility to office, 105. 

exclusion of colored children from schools by, prohibited, 223. 
exhibit by township treasurer to, 97, 98. 
same, posted by, at annual election, 97, 98. 
interest in contract made by the board, prohibited to. 111. 
same, in sales of books, etc., used in the district, prohibited to, 10, 112, 

222. 
Interest on teachers' orders, to pay when, 98, 170. 
judges of district elections, 107. 
judgments and executions against, 229. 

for conversion of school fund, 220. 

for failure to discharge duties of office, 221. 

for failure to make returns, 221. 

for loss of school funds, 221. 

for perversion of school funds to sectarian purposes, 222. 

liable, 133, 318, 220, 221. 
libraries and apparatus purchased by, when, 127. 
may assume indebtedness created for district, 243. 
may borrow money, when, 129, 
may compensate clerk, 123. 
may grant special holidays, 128. 
may not be trustees, 105. 
meeting of, 110. 

names of teachers reported to county superintendent by, 112. 
non-residence of members of constitutes vacancy, 105. 
official business, 110. 
orders drawn by, 122, I32. 
same, may not be drawn, when, 131. 
organization. 78, 109. 
poll book, returned by, 108. 
power of, to tax, 173. 
same, limitations, 173. 



INDEX. 405. 

References are to pages. 

DIRECTORS OF SCHOOLS (continued) - 

president of board, 109. 

property of district, personal, sale of by, 137. 

pupils transferred by, 136. 

same, amount due on account of, collected by, 136. 

quorum of, 109. 

records kept by, 110, 123. 

records, submitted to treasurer, 110. 

removal of, 29, 135. 

reports to treasurer, 113. 

report to voters, 112. 

sale of unused personal property, 127. 

schedules, certified by, 120. 

same, delivered to township treasurer by, 120. 

same, delivery of limited, 120. 

same, liability for failure, 318. 

same, receipted for, 169. 

schedules, separate, delivered by, when, 136, 167. 

school house controlled by, 128. 

same, use of for meetings granted by, 128. 

school house site, located by, when, 133. 

teachers, employment of, by, 117. 

same, how limited, 162. 

teachers, payment of, by, 120, 132. 

same, how limited, 130. 

term of oflBce, 105. 

tie at election of, 108. 

to assign pupils, 135. 

to decide when site unsuitable, etc., 138. 

to establish schools and keep in operation, 113. 

to make rules for government of schools, 114 

to notify collector of taxes to whom to pay the money belonging to a 

union district, 113, 188. 
to provide funds for maintenance of schools, 113. 
to visit schools, 117. 
transfer of pupils by, 136. 
treasurer's report to be posted, 132. 
vacancy in office, how filled, 105. 
women may be elected, 105. 
DISTRICT — 

boundaries, how changed, 166. 
township a, for high school, 58, 59. 
DISTRICTING — 

of newly organized township, 63. 
DISTRICTS — 

changes of, 63, 66, 80, 144 

dissolved, when, SO, 81. 

dissolved by county lines, taxation in, 180. 



406 INDEX. 

Eeferences are to pages. 

DISTRICTS (continued) — 
elections in, 77. 

elections to vote on change, 69. 
formation of, 63. 

funds of, held by township treasurer, 55. 
indebtedness created for, may be assumed, 243. 
list of taxpayers in, to be filed, 74. 
maps of, made and filed, 75. 
numbered by county superintendent, 359. 
property of, held by trustees, 55. 
same, when divided, 78. 
schools for crippled children in, 389. 
taxes of, see Taxes. 
with 1,000 inhabitants, 138. 
with 100,000 inhabitants, 149. 
See Union Districts. 

DIVISION OF PROPERTY — 

of a district, 78. 

DONATIONS, ETC.— 

for school purposes, 8, 53. 

for sectarian purposes, prohibited, 9, 332. 
EASTERN ILLINOIS NORMAL SCHOOL, 311. 
EDUCATION — 

good common school, to be afforded all children, 7. 

elementary, secured to children, 267. 
EDUCATIONAL INSTITUTIONS — 

managers of boards to elect their president, 249. 
EFFECTS OF ALCOHOL AND NARCOTICS, 365. 
ELECTIONS (see State Superintendent; County Superintendent; 
Directors of Schools; Township Trustees; Boards of Educa- 
tion) — 

high school, 57. 

of presidents of certain educational institutions, 249. 

to purchase, move or build a school house, 133 
ELIGIBILITY TO OFFICE — 

to board of education, 150. 

to board of directors, 105. 

to board of trustees, 40. 

to township treasurership, 47. 

ELIGIBILITY OF WOMEN TO OFFICE UNDER SCHOOL LAWS, 

105, 226. 

EMINENT DOMAIN, 135, 151. 
ENABLING ACT, 1, 350. 

ENUMERATION OF CHILDREN (see Census) — 
separate, made when, 51. 



INDEX. 407 

Beferences are to pages. 

EXAMINATION OF BOOKS, ACCOUNTS, ETC.— 
of county superintendent by county board, 35, 193. 
of directors by township treasurer, 110. 
of treasurer by county superintendent, 37. 
same, by trustees, 53. 

EXAMINATION OF TEACHERS — 
by county superintendent, 160, 164. 
for state certificates, 159. 

EXECUTION — 

issued against directors and trustees, 339. 

EXECUTORS — 

to give preference to school debts, 95. 

EXEMPTION — 

from road labor and military duty, 330. 
of school property from taxation, 13, 14. 

EXPULSION OF PUPILS BY DIRECTORS, 136. 

FALSE RETURNS OF CHILDREN, 330. 

FINES. See Penalties. 

FINES AND FORFEITURES, Sia 
FLAGS — 

on school houses, 360. 
FORFEITURE — 

of funds by townships, 51. 

same, remitted by superintendent of public instruction, 19. 

FRACTIONAL TOWNSHIPS. See TowNsmps, Fractional. 

FREE SCHOOLS — 

established, 7. 
FUND, TEACHERS' PENSION, 349. 
FUND, PUBLIC SCHOOL EMPLOYES', 353. 
FUND, SCHOOL, COUNTY— 

consists of what, 197. 

interest on, distributed , 197. 

principal of, loaned, 33. 

real estate belonging to, 311. 

FUND, SCHOOL, STATE — 

consists of what, 196. 

distributed, 196. 
FUNDS, SCHOOL, TOWNSHIP — 

consist of what, 197. 

interest distributed, 197. 

principal loaned, 89, 197. 

real estate belonging to, 197. 



408 INDEX. 

References are to pages. 

FUNDS (see Apportionment of Funds) — 
forfeiture of, 51. 

withheld by county superintendent, 32, 228. 
same, by order of State Superintendent, 19. 

FUNDS, SCHOOL DISTRICT — 
custodian of, 55. 
how paid out, 135, 198. 
surplus loaned, 92. 
union districts collected in one treasurer's hands, 113, 183, 199. 

FURNITURE — 

school, sale of by school officers prohibited, 10, 223. 
purchase of, 127, 

GENERAL ASSEMBLY — 
to establish free schools, 7. 

GIFTS — 

to be applied to specific purpose, 8. 

GOVERNOR — 

to approve State Superintendent's bond, 15. 

GRADUATES — 

of county normal schools, 158. 

HIGH SCHOOL, TOWNSHIP. See Township High School. 

HOLIDAYS, 171. 

directors may grant special, 128. 
ILLINOIS, CONSTITUTION OF, 355. 
ILLINOIS STATE NORMAL UNIVERSITY, 330. 
ILLINOIS UNIVERSITY, 334 
ILLITERACY — 

report of, 17, 50. 
IMPRISONMENT — 

of school officers, 322, 223. 
INDEBTEDNESS — 

created for certain districts may be assumed by directors, 243. 

issuance of bonds to pay, limited, 246. 

previous, tax to pay, not limited, 173. 

refunded, 187. 

of school districts, limited, 13. 
INDICTMENT — 

of school officers, 232, 233. 

of trespasser, 303. 

INDUSTRIAL SCHOOL FOR GIRLS, 300. 
INFORMER — 

to receive half, 803. 



INDEX. 409 

Bef erences are to pages. 
INSTITUTES — 

superintendents to assist in, 27, 165. 

fees for, 165. 

teachers may attend without deduction of wages, 166. 

INSTITUTE FUND, 164. 

county superintendent to keep record of, 38. 

INSTITUTIONS OF LEARNING — 
to elect presidents, 249. 
to report, 229. 

INSURANCE — 

of improvements included on real-estate loans, 94 
INTEREST — 

action to recover, 96. 

added to principal, 96. 

distributed, 97. 

on teachers' orders unpaid, 170. 

same, how stopped, 170. 

penalty for default in payment of, 96. 

rates on bonds, 184, 187. 

rates on loans, 89. 

state to pay, 194. 

JUDGES OF ELECTION — 

bond issue, 186. 

compensation, 246. ' 

of directors, 78, 107. 

same, delivery of poll book, 108. 

of trustees, 41. 

same, delivery of poll book, 45. 
JUDGMENTS — 

against school officers, 229. 

against purchasers of school lands, 207. 

JUSTICES — 

duties of, concerning fines and forfeitures, 215. 

JUVENILE COURT ACT, 272. 

KINDERGARTEN SCHOOLS, 26a 

LANDS. See CoaiMON School Lands; Real Estate. 

LEASE OF SCHOOL LANDS, 20a 

LEVY OF TAXES. See Taxes. 

LIABILITY — 

of school officers, 217. 

LIBRARIES — 

school, provisions for, 127, 142. 

LIEN — 

on real estate of school officers from date of issuing process, 230. 



410 INDEX. 

References are to pagea 

LIMIT OF INDEBTEDNESS — 

bonds, etc., 184. 

of taxation, 173, 184. 

LOANS - 

of county funds, 33. 

of district funds, surplus, 92. 

of school funds, 153. 

of township fund, 81, 91, 93. 

LOSS OF FUNDS — 
liability for, 331. 

MANDAMUS— 
writ of, 229. 

MANUAL TRAINING DEPARTMENT, 269. 

MAP OF TOWNSHIP, 99. 

filed in twenty days by township treasurer, 99. 

MEETINGS — 

of directors, 110. 

of trustees, 48. 

in school houses, 128, 158. 

MISCELLANEOUS ACTS RELATING TO SCHOOLS, ETC., 235. 

MISCELLANEOUS CONSTITUTIONAL PROVISIONS, 13. 

MONTH, SCHOOL, 171. 

MORTGAGES — 
actions on, 94 

in name of county superintendent, 33, 91. 
in name of trustees, 91. 
release of, 93. 

NORMAL SCHOOLS — 

county, act establishing, 398. 

State, acts establishing, 311, 316, 331, 335, 330. 

NORTHERN ILLINOIS NORMAL, 316. 
NOTES, ETC.— 

in name of county superintendent, 33. 

same, examined by county board, 193. 

in name of trustees, 91. 

same, examined by county superintendent, 37. 

by trustees, 58. 

same, list of given county superintendent, annually, 93. 
NOTICE OF ELECTIONS — 

district, 77, 105, 139, 185. 

same, township, 40, 44, 57. 

same, city, etc., to organize under general law, school, 148. 



INDEX. 411 

References are to pages. 

NOTICE OF ELECTIONS (continued) — 

of examinations of teachers by county superintendent, 164 

by State Superintendent, 159. 

of sale of common school lands, 306. 

of sale of real estate, 55. 
OATH, OFFICIAL — 

county superintendent's, 23. 

State Superintendent's, 15. 
OFFICE — 

of county superintendent, 23. 

of State Superintendent, where kept, 16» 
OFFICE SUPPLIES, 33. 
OFFICERS, SCHOOL — 

exempt from road labor and military duty, 280. 

liabilities of, see Penalties. 

lien on real estate of, 230. 

ORDERS, SCHOOL — 

form of, 136, 198. 

when against uncollected taxes, 132. ^ 

teacher's, substance of, 170. 

same, draw interest, when, 170. 

same, to be drawn, when, 170. 

treasurers to file, 199. 
ORDINANCE OF 1818, 353. 
ORGANIZATION — 

of board of directors, 78, 109. 

of board of trustees, 47. 

of cities, etc., under general law, 137, 148. 
ORGANIZATION — 

under Free School Law, 148. 

PARENTS — 

must send children to school, 267. 

PARENTAL OR TRUANT SCHOOLS, 371. 

PATENTS — 

issued to purchasers of school lands, 209. 
duplicates of, 210. 

PENALTIES — 

who subject to — 

any person for preventing colored children from attending school, 

223, 228. 
for trespass on school lands, 203. 

any school officer, for causing loss of school funds, 221. 
for neglect of duty, 220, 221. 

any school officer, or any other person, for conversion or perversion 
of school funds, 220. 



412 INDEX. 

References are to pages. 

PENALTIES (continued) — 

who subject to (continued): 

borrower of school funds, for failure to pay interest or principal, 
96. 

cities, for failure to make report, 228. 

collectors of taxes, for refusal to pay, 182, 197. 

county board, for neglect of duty to examine report of land sales, 
192. 

county clerk, for failure to record change in boundary, 188. 

clerks of courts of record. State's attorneys and justices, for fail- 
ure to report and to collect and pay over fines and forfeitures, 
216. 

directors, see Directors. 

for failure to comply with act for teaching physiology and hy- 
giene, 266. 

judges of election, for failure to return poll book, 218. 

parents, for keeping children from school, 268. 

parents, employees, etc., for the hiring of children under age, 290. 

purchaser of school lands, for not securing payment, 207. 

townships, for failure in delivering reports, 51. 

treasurers, see Treasurers. 

trustees, see Trustees. 

See also Removal from Office. 

PENSION FUND — 

public school employes', 253. 
teachers', 249. 

PERMITS TO TRANSFER PUPILS, 136. 
to be filed, 136. 

PERSONAL PROPERTY — 
sale when unused, 127. 

PERVERSION OF FUNDS TO SECTARIAN USES, 220. 
penalty for, 220. 

PETITION FOR CHANGE OF DISTRICT LINES, 6& 
same to be filed twenty days, 69. 
same, notice of to districts, 69. 
for or against township high school, 59. 
for sale of school house, 55. 
for organization under the general law, 148. 
for sale of school lands, 203. 
under Juvenile Court Act, 279. 
under Parental School Law, 272. 

PHYSIOLOGY AND HYGIENE — 
study of, 265. 

PLAT OF COMMON SCHOOL LANDS, 205. 

PLAY GROUNDS, 173. 



INDEX. 413 

References are to pages. 

POLL BOOK, BOND ISSUE — 
return of, 186. 
penalty for failure, 187. 

POLL BOOK, ELECTION OF DIRECTORS — 

return of, 108. 

same, penalty for failure, 109. 

election of trustees, return of, 45. 

same, penalty for failure, 46. 

of school election, penalty for failure to return, 218, 245. 

POLLING PLACES — 

more than one, when, 44. 

POLLS— 

election of trustees and directors, opened and closed, 43, 157. 

elections of trustees, 44, 

POOR CHILDREN — 
books for, 120. 

POSTPONEMENT OF ELECTION, 44, 157. 
PREFERENCE — 

of debts due school fund from decedent, 95. 
PRESIDENT — 

of board of directors, 109. 

pro tempore may be appointed. 111. 

of board of trustees, 47. 

pro tempore may be appointed, 48. 
PRINCIPAL OF SCHOOLS — 

appointed when, 144. 

PRINTING PROCEEDINGS STATE TEACHERS' ASSOCIATION, 262. 

PROCEEDINGS — 

official, to be recorded, 48, 109. 

PROPERTY OF DISTRICTS — 

divided in case of change of district boundaries, 78. 
teachers to account for, 166. 

PUBLICATION — 

of statement by township treasurer, 99. 

PUPILS — 

age and name noted on register, 166. 

same, on schedule, 168. 

assigned to the several schools, 125. 

attendance of, noted, 166. 168. 

no distinction on account of color, 223. 

suspension and expulsion of, 126. 

transferred, 186. 

same, separate schedule of, when, 136. 

under twelve, in school four hours a day, 127. 



414 INDEX. 

References are to pages. 

PURCHASER OF COMMON SCHOOL LANDS, 206. 
may borrow amount of bid, 207. 
m.ust secure payment of bid, 207. 
to receive certificates of purchase, 308. 
to receive patents, 209. 
when to receive duplicates, 210. 

QUALIFICATIONS — 
of directors, 105. 
of treasurer, 47. 
of trustees, 40. 
of teachers, 158. 
of voters, 42. 
of women as school officers, 226. 

QUORUM — 

of directors, 109. 

of trustees, 48. 
RATE OF INTEREST. See Interest. 

REAL ESTATE — 

held by county superintendent, 29. 

by trustees, 55. 

leased, 29, 57. 

lien on, belonging to school officers, 220. 

right of way over, granted, 211. 

security for loans, 89. 

taken for indebtedness by county superintendent, 211. 

by trustees, 56. 

See also Common School Lands. 
RECEIPTS FOR SCHEDULES, 169. 

treasurer to take and file, 120. 
RECORDS — 

of board of education, 146. 

of county superintendents, 29, 30. 

same, examined by county board, 192. 

of directors, 110, 123. 

same, submitted to township treasurer, 110. 

of sale of common school lands, 209. 

same, examined by county board, 26, 192. 

same, transcript of, filed with Auditor, 209, 

of State Superintendent, 16. 

of teachers' certificates granted by county superintendents, 161. 

of treasurer, 87, 88. 

same, examined by county superintendent, 27. 

same, open for inspection, 88. 

same, submitted to trustees, 97. 

of trustees, 48. 

same, open for inspection, 48. 



INDEX. 415 

References are to pages. 

REFUNDING SURPLUS — 

after payment of bonds, 243. 
REGISTER OF BONDS, 185. 
REGISTERS — 

books furnished by directors, 167. 
same, returned by teachers at close of term, 167. 
form of, 167. 

to be kept by teachers, 166. 
REGISTRATION FEE. 165. 

RELIGIOUS INSTRUCTION — 
at parental school, 272. 

RELINQUISHMENT OF SPECIAL CHARTER, 147. 
REMOVAL — 

from district or township, effect of, 104. 

from office — 

of county superintendent, 23, 191. 
of directors, 29, 135. 
of president of board of trustees, 48. 
of teachers, 123, 145, 153. 
of treasurers, 48. 
REPEAL OF FORMER ACTS, 228, 281. 
REPORTS — 

of board of education to city council, 154 

of board of education to be published, 146. 

of cities and towns, 228. 

of collectors of taxes to township treasurer, 182. 

to trustees and directors, 228. 

of county superintendents to county board, annual, 28. 

same, of land sales to county board, 26, 209. 

same, to Auditor, 26, 209. 

same, of condition of schools to State Superintendent, 30. 

of directors to township treasurer, 112. 

same, to county superintendent, 112. 

same, to voters at annual meeting, 112. 

of fines and forfeitures, 215. 

of institute fund by county superintendent, 28. 

of institutions of learning, 229. 

of rentals to county superintendent, 202. 

of State Superintendent to Governor, 17. 

of statistics, see Statistics, 

of treasurer to trustees, annual and semi-annual, 97. 

same, to be recorded and published, 98. 

of trustees to county superintendent, 50. 

same, items of, 50, 51. 

penalties for failure to make, see Penalties. 

published by board of education, 154. 



416 INDEX. 

References are to pages. 

REVENUE AND TAXATION, 173. 

ROAD LABOR EXEMPTION, 330. 

RULES AND REGULATIONS — 
made by board of education, 143. 
by directors, 114. 
by State Superintendent, 17. 

SALARY — 

of county superintendent, 35. 
of State Superintendent, 16. 
of assistant to, 85. 

SALE — 

of common school lands, see School Lands. 

of real estate, see Real Estatr 

of school books, etc., limitations, 10, 30, 333. 

of school house and site, 55. 

of school property, 137. 

SCHEDULES — 

delivery of, to directors, 169. 

to township treasurer, 1 20. 

directors liable for failure to deliver, 318. 

receipt for, given to teacher, 169. 

teacher to keep, 167. 

SCHOLARS. See Pupils. 

SCHOLARSHIPS — 

State University, 334. 
SCHOOL — 

any gift, etc., to, 8, 53. 

beginning of public, 1. 

distinction between establishment and provision for support and con- 
duct, 13. 

SCHOOL BOOKS. See Text Books. 

SCHOOL BOOKS, APPARATUS AND FURNITURE — 
school officers not to be interested in when, 10, 30, 333. 

SCHOOL DIRECTORS. See Directors. 

SCHOOL DISTRICTS. See Districts. 

SCHOOL ELECTIONS. See Elections. 

SCHOOL FUNDS, 194. , 

SCHOOL HOUSE — 

building of, tax for limited, 173. 

same, vote necessary to authorize, 33. 

controlled by directors, 128. • 

directors may borrow money to build, 129. 



INDEX. 417 

References are to pages. 

SCHOOL HOUSE (continued) — 

meetings in, 128, 146, 153. 

repairing and improving, 129, 142. 

site of, 133, 151. 

title to, In trustees, 56. 
SCHOOL INSPECTORS, 238, 289. 
SCHOOL LANDS, 200. 

SCHOOL LAW — 

first, 2. 

of 1857, 4. 

general provisions of, 6. 
SCHOOL LIBRARIES, 127, 173. 
SCHOOL MONTH, 171. 
SCHOOL OFFICERS — 

exempted from road labor and military duty, 230. 

legal advisers of, 17, 27. 

liable for conversion of school funds, 220. 

for exclusion of colored children, 223. 

for failure to return, or false return of statistics, 220. 

for losses of school funds, 221. 

for perversion of same, 222. 

interest in books, etc., prohibited, 10. 

lien on real estate of, 220. 

miscellaneous acts relating to, 235, 

selling school books, etc., by, prohibited, when, 10, 222. 

See also Superintendent of Public Instruction and other officers. 
SCHOOL ORDERS. See Orders. 
SCHOOL SITE. See Site. 

SCHOOL SUPERINTENDENT. See Superintendent. 
SCHOOL TAX. See Taxes. 
SCHOOL TRUSTEES. See Trustees of Schools. 
SCHOOL VISITATION, 26, 117, 144, 153. 
SCHOOL TEACHERS. See Teachers. 
SCHOOL YEAR, 113. 

SCHOOLS — 

branches of study in, how determined, 120, 144, 154, 164 

high, see Township High Schools. 

management of, 61, 113, 120, 142, 144, 145, 151, 153, 154. 

miscellaneous acts relating to, 235. 

normal, 298, 311, 316, 321, 325, 330, 

support of, 112, 142. 

term, in cities, 112. 

in districts, 113, 142. 

may be extended, how, 143. 
visitation of, 26, 117, 144, 153. 
27 



418 INDEX. 

References are to pages. 
SECRETARY — 

of board of education, 146. 
of State, to hold bond, 15. 

SECTARIAN PURPOSES — 

payments for, prohibited, 10, 233. 

SECURITY ON BONDS (see Bonds. Official) — 
personal, on loans, 89. 
real estate, on loans, 89. 

improvements on, to be valued, 89. 

SETTLEMENT — 

trustees may make, 56. 

SITE, SCHOOL HOUSE — 
choice of, 133, 151. 

when made by directors, 138. 
sale of, 55. 

condemnation of land for, 135. 
title held by trustees, 53. 
when consent of adjacent owners necessary, 135. 

SIXTEENTH SECTION — 

constitutes common school lands, 300. 
other sections in lieu of, 300. 

SOUTHERN ILLINOIS NORMAL UNIVERSITY, 335. 

State Superintendent to act as trustee, 18. 

SPECIAL ACTS — 

may be relinquished, 148. 

modified in certain cases, 173, 338. 

not repealed, 338. 

government in annexed territory, 348. 

issuance of bonds, 344. 

State to pay interest, 196. 

STATE'S xlTTORNEY. See ATTORNEYS. 

STATE CERTIFICATES, 18, 160. 

STATE CHARITABLE INSTITUTIONS — 

superintendent of, to report, 19. 

visited by State Superintendent, 19. 

STATE FUNDS, 194. 

STATE NORMAL SCHOOLS, 398, 311, 316, 331, 335, 330. 
STATE SUPERINTENDENT. See Superintendent of Public Instruc- 
tion. 
STATE TEACHERS' ASSOCIATION — 

printing its proceedings, 363. 
STATEMENTS — 

made by teachers, 166, 167. 



INDEX. 419 

Keferences are to pages. 
STATISTICS — 

not divisible, how reported, 51. 
State Superintendent to designate for reports, 19. 
See Reports. 

SUFFICIENCY OF TREASURER'S SECURITIES — 

trustees responsible for, 220. 
SUITS. See Actions. 

SUPERINTENDENT OF PUBLIC INSTRUCTION, 15. 
adviser of county superintendents, 17. 
appointment of successor, 13. 
bond of, 15. 

certificates — State teachers' granted and revoked by, 18, 159. 
consultation with teachers, 16. 
duties of, 16-19. 
election of, 15. 

executive officer of State, 18. ■ 
forfeitures remitted by, 19. 
funds ordered withheld by, 19, 21. 
ineligible to other office, 13. 
letters to county superintendents, 17. 

not to be interested in the sale of school books, eta, 10, 223. 
oath of office of, 15. 
office of, at seat of government, 16. 
same, expense of, 16. 
papers, etc., filed and preserved by, 16. 
payments by, 16, 
hours of, 19, 20. 
qualifications of voters ror, 12. 
record kept by, 16. 
report of, to the Governor, 17. 
reports to, by county superintendent, 18. 
I'equired to serve as trustee, 13. 
salary of, 16. 
term of office of, 15. 
to act as trustee, 18. 
to be adviser of school officers, 18. 

to approve manuscript of proceedings. State Teachers' Association, 263. 
to authorize assistance for institutes, 19. 
to be member and secretary of State Board of Education, 18. 
to counsel and advise with teachers, 17. 
to designate statistics to be reported, 19. 
to enforce school laws, 17. 
to hear appeals, 18. 
to report to General Assembly, 19. 
to require reports from school officers, 19. 
same, from schools under special charters. 20. 
same, from universities, etc., 20. 
to supervise schools, 16. 
to visit State charitable institutions, 19. 



420 INDEX. 

References are to pages, 

SUPERINTENDENTS OF STATE CHARITABLE INSTITUTIONS — 
to report to State Superintendent, 19. 

SUPERINTENDENT OF SCHOOLS — 

appointed when, 144. 
SURETIES. See Bond, Official. 
SUSPENSION OF PUPILS, 136. 
TAXATION — 

school property exempt from, 13, 14. 
TAXES, SCHOOL — 

ascertainment of amount required, 177. 

board of education in certain cities cannot levy, 155. 

collection of, 181. 

computation of, basis of, 181. 

same, made by county clerk, 181. 

collector of, to pay how, in case of union districts, 182. 

same, to pay township treasurer, 182. 

same, failure to pay, 182. 

levy of, 177. 

same, when returned, 181. 

must be uniform, 181. 

power to levy, granted board of education in cities and villages, 143, 173. 

to directors, 173. 

same, limited, 173. 
TAXPAYERS — 

list of, filed, 75. 

TEACHERS — 

appointment of, 117, 143, 158. 

cannot be paid, when, 130, 163, 167. 

certificates of, 153, 155. 

dismissal of, 123, 145, 153. 

examination of. 143, 153. 

must have certificate, 120, 158. 

names of, reported to county superintendent, 113. 

not to be interested in sale of books, etc., 10, 333. 

not to teach on liolidays, 171. 

of special studies, 160. 

pension fund, 349. 

qualifications for, 158. 

registers to be kept by, 166. 

same returned to directors, 167. 

schedule to be kept by, 166, 167. 

same certified, 170. 

statements made by, 168. 

salary of, due when, 170. 

same, unpaid, balance of to draw interest, 170. 

to care for school property, 66. 



INDEX. 421 

References are to pages. 
TEACHERS' INSTITUTES — 

held by county superintendent, 27, 165. 

fees for, 165. 

teachers may attend without deduction of wages, 166. 
TERM — 

of county superintendent, 21. 

of directors, 78, 105. 

of State Superintendent, 15. 

of township board of education, 59. 

of treasurer, 48. 

of trustees, 41. 
TERM OF OFFICE — 

of board of education, 139. 
TERMS — 

of loaning school funds, 89. 

of sale of school lands, 207. 
TEXT-BOOKS — 

prescribed by board of education, 154 

prescribed by directors, 120. 

same, to be uniform, 120. 

same, not to be changed oftener than once in four years, 130. 

same, for poor children, 120. 

same, not to be sold by school officers, 10, 20, 223. 
TIE VOTE — 

how decided, 44, 108. 
TITLE TO REAL ESTATE — 

to school houses and lots, 52. 

to common school lands, from the state, 209. 
TOWN MEETING — 

election of trustees at, 45. 

TOWNS AND CITIES. See Cities and Towns. 
TOWNSHIP — 

school business of, done by trustees, 38. 

congressional, made a school township, 36. 

divided by county lines, 51. 

same, tax in, 183. 

fractional, consolidated with adjacent, when, 37, 303. 

fund of, see Fund. 

funds appropriated to, 32. 

same, forfeiture of. 51. 

made a district to support a high school, 58, 59. 

may unite with another or with parts of others for the same purpose, 59. 

newly organized, districted, 63. 

same, map of, 63. 

redistricted, 148. 

school section belonging to, 200. 



422 INDEX. 

References are to pages. 

TOWNSHIP BOARD OF EDUCATION — 

term of ofiSce, 59. 

duties, 59. 
TOWNSHIP HIGH SCHOOL — 

election for, 57. 

election for discontinuance, 63. 

how discontinued, 61. 

disposition of property, 63.. 

how established, 59. 

how supported, 59. 

manual training department, 869. 

TOWNSHIP TREASURER, 83. 
accounts of, how kept, 87, 88. 
appointment of, 47. 
same, who eligible to, 47. 
bond, official, approved, 31, 83. 
same, recorded, 31. 

delivered to county superintendent, 31. 
increased when, 83. 

books and accounts of, examined by county superintendent, 37. 
by trustees, 53, 97. 
same, subject to inspection, 53, 88. 
same, submitted to trustees, 97. 

certificate of amount of taxes due sent to, by county clerk, 180. 
certificate of tax levy returned by, to county clerk, 99. 
clerks of trustees to be, 47. 
compensation of, 103. 

custodian, only legal, of funds of boards of education, when, 147. 
of district funds, 55. 
of township funds, 96. 100. 
district funds paid out by, how, 185. 
district records examined by, 99. 
election of trustees, called by, 99. 
eligibility of, 47. 

duties of, as to transfer of pupils, 99. 
interest paid teachers by, when, 98, 
liable in a civil action — 

for failure or refusal to perform legal duties, 100, 318, 

same, when not liable, 100. 

for failure to turn over books, etc., to his successor, 319. 
liable in a criminal action — 

for loss of school funds, 331. 

for conversion of school funds, 330. 

for failure to report statistics, or for false return of same, 881. 

for perversion of school funds to a sectarian use, 333. 

for being interested in the sale of school books, etc., 10, 333. 
lien on real estate of, 330. 
list of taxpayers made and filed by. 99, 



INDEX. 423 

References are to pages. 

TOWNSHIP TREASURER (continued) — 

maps made and filed by, 99. 

money paid to, by tax collector, 183. 

moneys, bonds, etc., delivered to, on certified statement of county 
superintendent, 31. 

not to be interested in the sale of school books, etc., when. 10, 232. 

notes, bonds, etc., held by, examined by county superintendent, 27. 

same, list of, given to county superintendent annually, 92. 

same, submitted to trustees, 97. 

ofiScial term of, tvro years, 48. 

poll book of district elections filed vrith, 100, 109. 

real estate liable, 330. 

removed by trustees, when, 55. 

responsible for losses, when, 218. 

State and county funds paid to, by county superintendent, 32. 

statement to directors, made by under oath semi-annually, 97, 98. 

statement of trustees, 97. 

sued by trustees, when, 55. 

suit brought by, against tax collector, 183. 

same, to recover interest, 96. 

same, when additional security is not given, 94. 

surplus of district fun ds, loaned by, 92. 

to make teachers' orders interest bearing when not paid on presen- 
tation, 98. 

same, to record, 98. 

to collect taxes from collectors, 99. 

to file claim in case of death of debtor, 95. 

to give notice of elections, 99. 

to hold funds to pay orders, 98. 

to order election of directors in certain cases, 107. 

to file orders paid, 120. 

to hold funds to pay same, 98. 

to take and file receipts for money paid, 120. 

to publish statement annually. 99. 

to turn over office, etc., to his successor, 101. 

same, in case of his death, 101. 

township fund loaned by, 89. 

TRAINING SCHOOL FOR BOYS, 30a 
TRANSFERS, 136. 
TREES CUT, ETC.— 

on school lands, 203. 
TRESPASSERS ON SCHOOL LANDS, 203. 

liable to fine and commitment, 203. 
TRUANT OFFICER, 267. 

to report offenders, 268. 
TRUANT OR PARENTAL SCHOOLS, 267. 



424 INDEX. 

Eeferences are to pages. 
TRUSTEES OF SCHOOL LANDS, 81. 
TRUSTEES OF SCHOOLS, 35. 

accounts, etc., of treasurers examined by, 53. 
apportionment of funds by, 49. 
body politic and corporate, a, 38. 
boundaries of districts changed by — 

at April meetings, 63. 

bonded debt, how disposed of, 76. 

funds divided, 78. 

liability for failure to divide funds, 79. 

petition heard, 71. 

property appraised, 79. 

debts deducted from the same, 79. 

remainder of same divided, 79. 

same, appeal from action of trustees, 73. 

how taken, 73. 

who may appeal, 73. 

same, election ordered in new district by, 77. 

same, new map and list of taxpayers filed by, within ten days, with 
county clerk, 75. 
clerk appointed by, who is also treasurer, 48. 
same, pro tempore, 48. 
debt due school fund compromised by, 56. 
dissolution of district, 80, 81. 
duty, where district fails to maintain school, 80. 
election of, conducted how, 45. 

contested how, 43. 

held for first time, 40, 41. 

notices of, 40. 

notice by township treasurer, 40. 

polls opened and closed when, 43. 

postponed, 44. 

tie, how determined, 44. 

time of, 39, 41. 

voters at, qualifications of, 42. 
election of, at town meetings, 47. 
election, township treasurer failing to give notice, 44. 
eligible to office of trustee, who are, 40. 
gifts, grants, etc., received by, 52. 
judges of election, 41. 
liable in a civil action — 

for failure to act regarding insufficient securities, 217. 

for failure to distribute property in case of a division of a district, 
80. 

for failure to return poll book, 46. 

for failure to return statistics, or for false return of same, 31, 220. 

for loss of school funds, 221. 

for insufficiency of treasurer's securities, 220. 



INDEX. 425 

References are to pages. 

TRUSTEES OF SCHOOLS (continued) — 

liable in a criminal action, for being interested in the sale of school 
books, etc., 10. 63, 320. 

for conversion of school funds, 320. 

for perversion of funds to a sectarian use, 223. 
list of, furnished county superintendents by county clerk, 47. 
map of townships made by, 75. 
meetings of, regular and special, 4S. 
organization of board of, 47. 
president appointed, 47. 
same, pro tern., 48. 

president to be notified of payment of money to township treasurer, 338L 
quorum of, 48. 
real estate leased by, 57. 
purchased by, 56. 
sold by, 57. 

report to county superintendent, 50. 
same, items, 50, 51. 
school house and site sold by, 55. 
same, title to, held by, 55. 
separate enumeration made by, when, 51. 
successors to trustees of school lands, 81. 
term of ofiSce, 40, 41. 
title to school house and site held by, 55. 
townships laid off into districts by, 63. 
treasurer appointed by, 47. 
same, removed by, 55. 
same, sued by, 55. 

treasurer's accounts, etc., examined by, 53. 
vacancy in office, how filled, 44. 

UNION SCHOOL DISTRICT — 
dissolved how, 80, 81. 
funds of, put in hands of one treasurer, 113, 183, 199. 

UNIVERSITY SCHOLARSHIP ACT, 334. 

USE OF SCHOOL HOUSES FOR MEETINGS, 128, 146. 

UNITED STATES FLAGS ON SCHOOL HOUSES, 260. 

UNITED STATES. CONSTITUTION OF, 338. 

UNIVERSITY OF ILLINOIS — 

State Superintendent to be trustee, 13, 334 
VACANCIES IN OFFICE — 

of board of education, 149. 

of county superintendent, 123. 

of directors, 105. 

of State Superintendent, 13. 

of trustees, 44 



426 INDEX. 

References are to pages. 

VACATION SCHOOLS, 173. 

VALIDITY OF TEACHERS' CERTIFICATES, 159, 160, 
VALUATION OF COMMON SCHOOL LANDS, 205. 
VISITATION OF SCHOOLS, 26, 117, 144, 153. 
VOTE OF THE PEOPLE— 

required to borrow money, 184. 

to establish or discontinue a township high school, 57, 62. 

to levy a tax to extend a district school beyond nine months, 188. 

to locate a school iiouse, 133. 

exception to the same, 133. 

to refund bonds or outstanding indebtedness, 187. 

to purchase or build a school house, 133. 

VOTERS OF DISTRICTS— 

may add higher branches, 164. 
qualifications of, 43. 

WARRANTS— 

Auditor to issue to county superintendent, 26, 190. 

in cities of 100,000, 155. 

paid by county collector, 196. 

return by same, 196. 

refusing to pay, penalty for, 197i 
See also Orders. 
WESTERN ILLINOIS NORMAL SCHOOL, 321. 

WOMEN— 

may be school officers, 150, 326. 
qualifications, 42, 226. 

to give bond and qualify as required by law, 226. 
may vote, 247. 



SEP 3 1903 



StP 17 1903 



